Nuclear Safeguards Bill [Lords] — Rights of searching persons — 22 May 2000
Not amended in the Standing Committee, considered.
(2) When a constable has formed the belief in subsection (1) he may order the person or persons to remove any outer coat and hat which may be then searched by a police constable of any sex.
(3) A constable of the same sex as the person or persons being searched may conduct a search of the person or persons and their clothing but may not remove any further articles of clothing.
(4) If a constable conducting the body search in subsection (3) above is of the opinion that Additional Protocol information can only be discovered by an intimate body search of the person or persons being searched then he shall inform the person or persons that he is of that opinion, and if the information is not produced voluntarily he may arrest the person or persons and take them to a police station for an intimate body search.
(5) An intimate body search may only be conducted by a qualified medical practitioner at a police station.
(6) Nothing in this section shall give any rights to authorised officers or others to conduct searches of persons or their clothing.'.-- [Mr. Maclean.]
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker (Mr. Michael J. Martin):
With this it will be convenient to discuss the following: New clause 3-- Forcible entry warrant --
take with him such other persons,
give such assistance as an authorised officer may request for the purpose of facilitating the exercise of any power under this section;
search or cause to be searched any person on the premises who the constable has reasonable cause to believe may have in his possession any document or other thing--
No constable shall, by virtue of subsection (6)(b)--
search a person of the opposite sex.
a police constable of any sex
to copy, or to seize and remove, any document or other thing which he has reasonable cause to believe is something which contains Additional Protocol information.
give such assistance as an authorised officer may request.
A constable who enters premises under authority of a warrant . . . may . . . give assistance to the authorised officer to prevent interference with him carrying out his duties . . . and . . . may assist in searching the premises.
give such assistance as an authorised officer may request.
Where a police constable has entered premises under authority of a warrant
and has reasonable cause to believe that Additional Protocol information is secreted in or on the body of a person or persons on the premises he may conduct a non-intimate body search of the person or persons.
search or cause to be searched any person on the premises who the constable has reasonable cause to believe may have . . . any document or other thing
No constable shall . . . search a person of the opposite sex.
Additional Protocol information . . . in or on the body of the person or persons
When a constable has formed the belief in subsection (1)
he may order the person or persons to remove any outer coat and hat which may be then searched by a police constable of any sex.
If a constable conducting the body search in subsection (3) above is of the opinion that Additional Protocol information can only be discovered by an intimate body search of the person or persons being searched then he shall inform the person or persons that he is of that opinion.
It being four hours after the commencement of proceedings on the motion, Mr. Deputy Speaker, pursuant to Order [this day], put forthwith the Question necessary for the disposal of proceedings to be concluded at that hour.
Motion made, and Question put, That the Bill be now read the Third time.-- [Mr. Pope.]
The House divided: Ayes 310, Noes 2.
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