Northern Ireland strip-search law ‘should be re-written’ to include reasonable suspicion test
Legislation underpinning PSNI powers to strip-search people in custody should be “re-written” to require officers to reasonably suspect that the detained person has concealed a prohibited item, the Northern Ireland Policing Board has said.
The oversight body yesterday published a human rights review into the strip-searching of children and young people in police custody, making eight recommendations for change to the PSNI and two for the Department of Justice.
The review followed concerns raised by human rights campaigners about revelations that the PSNI routinely strip-searches children as young as 14.
The 53-page report published by the Policing Board notes: “It is of the greatest concern that in the vast majority of cases identified by this research during 2022, the PSNI appeared to ignore the rules, and no one was present to support the young person during this very invasive and humiliating use of power by officers.”
It adds: “It is particularly concerning that, despite the issue being in the media, the significant number of questions by board members and the creation of a new policy by PSNI, that the strip searches that have happened since January 2023 are still problematic.”
Among the report’s recommendations is that Article 55 of the Police and Criminal Evidence (PACE) Order 1989 is “re-written to make sure that the ‘reasonable suspicion’ test applies both to search and seizure in custody so custody officers are required to have an honest and objective basis for their belief that the detained person has concealed a prohibited item before a strip search can be authorised”.
“This will increase the likelihood of this provision complying with Article 8 of the European Convention of Human Rights (ECHR), to ensure that fewer juveniles are strip searched and that the procedure is more clearly targeted at those with prohibited and concealed items,” it says.
Deirdre Toner, chair of the Policing Board, said: “While a rare occurrence, strip-searching is one of the most intrusive interactions that occur between police and a child or young person. The Board agreed it necessary to conduct this review following a number of concerns raised regarding its use by the PSNI.
“Custody officers and staff have an incredibly important responsibility to protect those arrested and detained, which becomes crucial when interacting with children and young people, who are particularly vulnerable.
“This report scrutinises current guidance and governance frameworks and makes recommendations for the Police Service and for Police and Criminal Evidence (PACE) legislation to ensure young people in custody are protected, and custody officers and staff have the correct guidance.
“A recommendation is also made around the use of the NI Appropriate Adult Scheme by the police service as a key concern identified in the review was that young people were being searched in police custody without such an Adult being present.
“Going forward the Board will keep the issue under review to make sure the recommendations and learning identified are fully implemented.”
Responding to the report, Patrick Corrigan, Amnesty International’s Northern Ireland director, said: “It’s shocking that children as young as 14 are being strip searched by the PSNI. This appalling practice is a serious violation of children’s dignity and human rights — it must end once and for all.
“The Policing Board’s review seriously calls into question the PSNI’s commitment to upholding the rights of children.
“The review must now be used as a catalyst for an end to this practice and all children who have been strip-searched must have access to effective help and support.”