Schedule 4 - Powers exercisable by police civilians
Police Reform Bill [Lords]
10:30 am
Ms Annette Brooke (Mid Dorset and North Poole, Liberal Democrat)
Amendment No. 66 refers to the power of an escort officer to take an arrested person to a police station and amendment No. 67 is concerned with the escort of persons in police detention. My hon. Friend the Member for Lewes (Norman Baker) and I want to insert into the Bill a protective clause. At present, an escort officer has the power to search a person in his lawful custody and retain any items found. My hon. Friend has frequently asked at which point we draw the line because he believes that the provision is a step too far. We are concerned about liberty and direct infringements, and we do not want to go the whole way down such a road.
The amendment recognises those situations in which a search must be conducted in order to prevent an incident, which might cause harm to the officer or
the person in custody. It is logical and it is necessary for the protection of people. The escort officer must reasonably suspect that a person is in possession of an object that is likely to cause harm or injury before being able to carry out such a search. Then—and only then—could a non-intimate search take place. The amendment would add basic criteria to the Bill, which should be in place before a search can be made. It would result in the best of both worlds. It would safeguard the rights of the citizen, but would allow for a search to be made to protect the escort officer.