Clause 3 - Drug offence searches: England and Wales
Drugs Bill
4:30 pm
Ms Caroline Flint (Parliamentary Under-Secretary (reducing organised and international crime, anti drugs co-ordination and international and European issues), Home Office; Don Valley, Labour)
Amendment No. 32 would remove the words ''the appropriate'' from new section 55(3A) of the Police and Criminal Evidence Act 1984. That would mean that a drug offences search could be undertaken only with the subject's consent, rather than with appropriate consent. The change is important, because appropriate consent is a defined term in PACE. Section 65(1) of PACE defines appropriate consent as meaning:
''in relation to a person who has attained the age of 17 years, the consent of that person; in relation to a person aged 14 to 16, the consent of that person and his parent or guardian; in relation to a person aged 13 or under, the consent of his parent or guardian.''
The definition is just to account for those situations, but it is a widely used term in PACE. For example, it is used regarding the taking of fingerprints, intimate and non-intimate DNA samples and photographs where powers can be exercised with consent, as long as it is appropriate consent. I hope that the hon. Lady will agree to withdraw that amendment, because the effect of it would be to remove the safeguard of parental or guardian involvement in giving consent for those aged 16 or under on drug offence searches.
Amendment No. 33 would require the police to inform the suspect in writing if they intend to carry out a drug offence intimate search. The clause already obliges the police to give that information to the suspect but, as has been pointed out, it does not require it to be given in writing. That does not prevent the police from supplying that information in writing if they choose to do so. We felt that such a requirement would introduce unnecessary bureaucracy into the process. Adequate safeguards are already built in, because the fact that the authorisation was given, the grounds for it and the fact that consent was given prior to the search must be recorded in the suspect's custody record. The suspect can, of course, obtain a copy of his custody record. In light of those comments, I hope that the hon. Lady will not press that amendment either.