Context

As part of a standard stop and search, police officers can require those being searched to remove an outer coat, jacket, or gloves. Officers also have legal powers to require individuals to remove further items of clothing. This is commonly referred to as “strip searching” and is conducted under stop and search powers. Strip searching does not necessarily denote nudity or exposure of intimate body parts, however this may be required.

The Police and Criminal Evidence Act 1984 (PACE) provides statutory guidance on the principles and procedures police must follow when conducting a strip search. This legislation mainly applies to England and Wales, with some provisions applying to Northern Ireland and Scotland. However, these provisions do not extend to strip searching. Guidance on strip searching in Northern Ireland is found within the Police and Criminal Evidence (Northern Ireland) Order 1989.

Children in Scotland may be strip searched in the community or in a Police Custody setting. The Scottish Government’s Code of Practice for Stop and Search does not extend to custody searches and instead only relates to searches in the community. However, the Care and Welfare of Persons in the Police Custody Standard Operating Procedure (SOP) contains guidance on searches that may take place in police custody. The guidance stipulates that a trauma-informed approach must be used when determining whether a child requires to be strip searched. Furthermore, the purpose of a search is:

“to ensure that a child is not in possession of any item or substance that could cause harm to themselves [or] someone else”

In Scotland, the strip searching of a child must be authorised by the rank of Inspector or above and the process of seeking and giving consent must take place in the presence of a responsible adult. Furthermore, an responsible adult (e.g. member of family or carer) should be present when the strip search is conducted. However, if the child specifically requests the absence of the responsible adult and the adult agrees, this should be respected and recorded. In addition, the search may take place without the presence of a responsible adult in cases of urgency.

Strip searching of children and young people has become a highly publicised area of policing, particularly following the strip search of ‘Child Q’ by the Metropolitan police which was reported in March 2022.

As part of Northern Ireland Policing Board’s (NIPB) approach to human rights, an appointed Human Rights Advisor conducted a review into the strip searching of young people in police custody by the Police Service of Northern Ireland (PSNI). This followed concerns raised at the PSNI Youth Champions Forum by organisations in the children’s sector.