Summary

The main areas of focus of the review were on the evidential basis of searches and the classification of searches as ‘urgent’. ‘Urgent’ searches do not require the presence of an Appropriate Adult.

The review notes issues around the accuracy and reliability of data reported by PSNI, however recognises that this is a problem not limited to Northern Ireland. These limitations in data resulted in the Advisor being unable to determine whether the searches were lawful.

Following the review of all of instances of strip searches by NIPB’s Human Rights Advisor, the data concluded that 2.1% of children held in PSNI custody in the 2022 calendar year were strip searched (27 strip searches). Of these 27 searches, 23 were carried out on males and four were carried out on females.

Using the most recently available comparable data released via a Freedom of Information (FOI) request, between April 2021 and March 2022, Police Scotland strip searched 10.6% of children held in custody (4,012 children were held in total, with 424 of these strip searched). The Metropolitan Police reported 3,229 strip searches of children in custody during the period of April 2021 and March 2022 and 10,340 instances of children being held in custody during that period. This represents 31.2% of children held in police custody being strip searched by the Metropolitan Police.

Of these searches, two resulted in the seizure of a prohibited item. Due to this, the review calls into question “the nature of the intelligence or evidential basis for the strip searches”.
In addition, the report raises concerns around the absence of support for the child undergoing a strip search, commenting that PSNI “appeared to ignore the rules” with regards to the presence of an Appropriate Adult.

Since the beginning of 2023, PSNI have put in place improved procedures and have introduced a new policy regarding the strip searches of children and young people. However, the review noted that the 11 searches conducted since January 2023 were “problematic”.

The review concluded that the strip searching of children and young people was a standard approach taken by PSNI, rather than a measure taken in exceptional circumstances.

The ten recommendations of the review included amendment of the Articles and Codes within Police and Criminal Evidence (Northern Ireland) Order 1989. This included revising phrasing to explain that officers are required to have an honest and objective basis for their belief that a detained person has concealed a prohibited item before a strip search is conducted.

Other recommendations were focused on improved recording of decisions, improved publication of data, enhanced scrutiny and oversight, improved training for officers and more explicit policies on Appropriate Adults’ presence in such searches.

In Scotland, there are two separate definitions of a strip search. The Care and Welfare in Police Custody SOP defines a strip search as involving the removal and examination, in stages, of all clothing, with a visual, external examination of the body. The Stop and Search Code of Practice defines a strip search as a search involving the removal of more than outer coat, jacket, gloves, headgear or footwear. Police Scotland have confirmed that there are no plans to amend this definition.

Data on strip searching of children and young people by Police Scotland has only been reported through a Freedom of Information Request released in March 2022.
Searches in Scotland are conducted and completed under Section 66 Criminal Justice (Scotland) Act 2016 . They may also be completed as ‘Protection of Life’ searches (which is not a specific power of search). These searches are completed under S20 and S32 of the Police and Fire Reform (Scotland) Act 2012.

Strip searches are recorded as ‘intimate searches’ within stop and search data. Data on stop and search in Scotland, compared to England and Wales, were most recently reported to Policing Performance Committee (PPC) in June 2023. Members maintain a focus on this area and have requested further analysis is undertaken for further discussion and oversight.

At the most recent discussion on this Police Scotland provided assurances on the way in which strip searching of children and young people is approached. In addition, this topic was brought to a Youth Ethics Advisory Panel, who provided further assurances as to how strip searches of children and young people are approached. Authority staff sit on the National Stop and Search Assurance Group.