HC Deb 22 June 1961 vol 642 c1672
33. Mr. Burden

asked the Secretary of State for the Home Department if he will authorise the Metropolitan Police to search persons detained at police stations on suspicion of violence before they are charged.

Mr. Renton

It is already the practice in the Metropolitan Police force for any person who is to be detained in a police station to be searched.

Mr. Burden

That does not quite answer my Question. Will my hon. and learned Friend say whether there is power to search before a person is charged? If so, it appears that many station officers are reluctant to carry out a search before a person is charged. If people who are believed to be violent were searched before being charged, would it not prevent the occurrence of events such as have happened recently?

Mr. Renton

The point is that under the common law there is power to search an individual who has been arrested, and it is the practice of the Metropolitan Police to do this.

Mr. Burden

With great respect, that is when he has been arrested. Can my hon. and learned Friend say whether there is a difference between being arrested and being detained for questioning? That is the whole point of my Question.

Mr. Renton

Quite clearly there is a difference. The police exercise their right of search in the case of those who are to be detained.