Custody Policy

Request Number: FOI - 13379

Category: Operational policing, Investigations and Events - Custody

Subject: Custody Policy

Request and Answer:
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland (PSNI) does not hold information in relation to your requests. Enquiries made in relation to your request failed to locate any records or documents relevant to your request based on the information you have provided. 

Accordingly, we have determined that the Police Service of Northern Ireland does not hold the information to which you seek access.

We can however provide the below caveats and guidance to assist you with your request.

Request 1
I wish a copy of any policy police have for removal of clothing from alleged preparators of crimes?

Answer 1
We are attaching separately the ‘Guidance on the Conduct of Juvenile Strip Searches in Police Custody’ document. This policy covers the removal of clothing as per article 55 of PACE, seizure of clothing under Article 21 of PACE and provision of replacement clothing for the dignity of the detainee where there is a removal of more than the outer clothing.

The PACE codes of practise contain information regarding the removal of clothing and these can be found at ; https://www.justice-ni.gov.uk/articles/pace-codes-practice

The following directions were distributed to police officers on 1st September 2022 and also uploaded to the PSNI’s operational officer guidance internal intranet webpages:

• If during a stop search encounter a strip search is being considered and the person to be searched is under 18 years old, authorisation must be obtained from your supervising officer prior to this taking place (details of which should be recorded in your notebook). Note that code C states “A strip search is a search involving the removal of more than outer clothing. In this Code, outer clothing includes shoes and socks.”
• If during a stop search encounter a strip search is being considered and the person to be searched is under 18 years old, authorisation must be obtained from your supervising officer prior to this taking place (details of which should be recorded in your notebook). Note that code C states “A strip search is a search involving the removal of more than outer clothing. In this Code, outer clothing includes shoes and socks.”
• Anyone under the age of 18 years old must be given extra protections. In practice, an appropriate adult should be present when removing more than outer clothing from a person under the age of 18 years during a stop and search encounter (details of the appropriate adult present should be recorded in your police notebook).

Anyone under the age of 18 years old must be given extra protections. In practice, an appropriate adult should be present when removing more than outer clothing from a person under the age of 18 years during a stop and search encounter (details of the appropriate adult present should be recorded in your police notebook).

Request 2
Whether this policy is the same for children or is amended in any way?

Answer 2 
The Policy attached is for children. 

The PACE codes of practise contain information regarding the removal of clothing and these can be found at ; https://www.justice-ni.gov.uk/articles/pace-codes-practice

The following directions were distributed to police officers on 1st September 2022 and also uploaded to the PSNI’s operational officer guidance internal intranet webpages:

Request 3
Is it the policy of the PSNI to strip children to their underwear when seizing clothes?

Answer 3 
Under Article 55 of PACE, clothing is not seized, it is removed for safeguarding (i.e. the Custody Sergeant has decided it is an article that the detained person is not allowed to keep) and will be returned when the person leaves custody.

In the case of an Article 55 search, a detained person will only be stripped to their underwear if there are reasonable grounds to suspect the detained person is concealing something they shouldn’t have in their underwear.

Any seizure of clothing is conducted under Article 21 of PACE and will depend on the item being seized.

Request 4 
What rights a child has in relation to the conduct of such "Pseudo strip searches”

Clarification sought :
Could you clarify what you mean by “Pseudo strip searches”?

Clarification received :
Further to your seeking clarification. I am requesting information in relation to the policy or procedure for the use of strip searches on minors, the removal of clothes for minors when their clothes are being seized. As I understand the policy is to strip children to their underwear within some sort of a tub and once the investigating officer is satisfied there is nothing concealed in the underwear, they are given tracksuits to clothe themselves. I have described this as a Pseudo strip search, and I trust this clarifies what I am looking for which is any information on policy and procedure in relation to how the seizure of clothes should be done in general and in particular when minors are involved

Answer 4
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does not hold information in relation to request. Enquires made in relation to your request failed to locate any records or documents relevant to your request based on the information you have provided. 

Accordingly, we have determined that the Police Service of Northern Ireland does not hold the information to which you seek access.

In order to assist you we can however provide the following caveat: 

The clarification refers to the practise of seizing clothing for evidential purposes, and equally applies to the scenario where clothing is replaced for the duration of detention (where the Custody Sergeant has decided it is an article that the detained person is not allowed to keep and will be returned when the person leaves custody), which the attached policy covers.
If either of these scenarios involve removing more than outer clothing, it is to be treated and recorded as a strip search as per the attached guidance. During this time the child has all the same rights as they would under any Article 55 search and are outlined in Code C Annex A of The PACE codes of practice which can be found at https://www.justice-ni.gov.uk/articles/pace-codes-practice

PSNI do not use any ‘sort of tub’ to assist when strip searching a detainee.  In addition, if the circumstances warrant it, underwear can be removed for the purposes of a strip search. In practice, if there is a requirement to remove all clothing, items from the top half will be removed first, then replaced before the bottom half is searched.

Request 5
What training is given to custody staff in terms of the removal or seizing of children's clothes?

Answer 5
Training of removal as per Article 55 of PACE is based on the attached guidance.