The Prisoner Custody Officers (Searching of Prisoners) Rules (Northern Ireland) 2004

• Citation: S.I. 2004/1408
• Sections: 6

Section 1

(1) These Rules may be cited as the Prisoner Custody Officers (Searching of Prisoners) Rules (Northern Ireland) 2004 and shall come into force on 11 June 2004.

(2) In these Rules—

“full search” means a search during which a prisoner is required to remove any clothing other than an outer coat, hat, jacket, gloves or footwear

“officer” means a prisoner custody officer who is authorised to perform escort functions in accordance with section 122 of the Criminal Justice and Public Order Act 1994

“officer of a prison” means a person appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 .

Section 2

(1) An officer shall only search a prisoner when it appears necessary to do so in the interests of security, good order or discipline.

(2) These Rules do not permit the search of a body cavity, but a prisoner may be required to open his mouth to permit a visual inspection.

Section 3

(1) This rule does not apply to a prisoner who is being subjected to a full search.

(2) Subject to sub-paragraph (3), a prisoner shall not be searched in any place where he can be seen by any person who is not an officer, a police officer, an officer of a prison or the prisoner escort monitor.

(3) Sub-paragraph (2) does not apply where it appears to an officer that it is necessary to search a prisoner in a place where he can be seen by a person who is not an officer, a police officer, an officer of a prison or the prisoner escort monitor.

Section 4

A prisoner shall not be subjected to a full search in any place where he can be seen by any person other than the officers who are present during the search.

Section 5

A minimum of two officers shall be present when a prisoner is being subjected to a full search.

Section 6

A prisoner shall only be subjected to a full search by officers of the same sex as the prisoner.