HC Deb 15 May 1984 vol 60 c289
Mr. Hurd

I beg to move amendment No. 134, in page 43, line 18, leave out subsection (2) and insert— '(2) Subject to subsection (2A) below, a person may be searched if the custody officer considers it necessary to enable him to carry out his duty under subsection (1) above and to the extent that the custody officer considers necessary for that purpose. (2A) An intimate search may not be conducted under this section.'. The purpose of the amendment is to put it beyond doubt that an intimate search may not be conducted under clause 48 and that such a search can be conducted only under clause 49.

Amendment agreed to.

Amendments made: No. 136, in page 44, leave out lines 6 to 8.

No. 137, in line 11, after first 'is', insert—

  1. '(a) violent or likely to become violent; or
  2. (b) '

No. 138, in line 13, leave out from beginning to end of line 31 and insert— '(8) Where articles have been seized because a constable believed that they might be used by the person arrested for any of the purposes specified in subsection (6)(a) above, subsection (9) of section 29 above shall have effect as it has effect in relation to anything seized under subsection (7) or (8)(a) of that section. (9) Where articles have been seized because a constable had reasonable grounds for believing—

  1. (a) that they might be evidence relating to an offence; or
  2. (b) that they might have been obtained in consequence of the commission of an offence,
sections (Seized articles: access and copying) and (Retention of seized articles) above shall have effect as they have effect in relation to anything seized under section 19 above.'.—[Mr. Hurd.]

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