HC Deb 29 January 1996 vol 270 c497W
Mr. George Howarth

To ask the Secretary of State for the Home Department what is the present policy in relation to the strip searching of visitors to prisons; if access to prisons is being denied to visitors who refuse to remove their clothes in front of prison officers; and if strip searches are conducted in accordance with the Police and Criminal Evidence Act 1984 and its relevant codes. [10325]

Miss Widdecombe

Responsibility for this matter has been delegated to the temporary Director General of the Prison Service, who has been asked to arrange for a reply to be given.

Letter from Alan Walker to Mr. George Howarth, dated 29 January 1996The Home Secretary has asked me, in the absence of the Director General from the office, to reply to your recent Question about strip searching of visitors to prisons. The instructions for searching visitors to prisons, including strip searches are contained in the Manual on Security, copies of which are held in the library of the House. The following is a summary: Rule 86 (1) allows the governor to authorise a search of any person seeking to enter a prison. This is a search with consent, but it is only reasonable that those who refuse to be searched should be denied access to the prison, since they may be put under pressure to smuggle in escape equipment, weapons or drugs. However, in certain circumstances it may be possible to allow a closed visit. It is not our policy to conduct strip searches of visitors, with or without consent, unless other legislation gives us the right to conduct the search without consent. Officers of the prison have the power to conduct searches without consent, including strip-searches, using their powers of a constable under section 8 of the Prison Act 1952, as modified by the Police And Criminal Evidence Act (PACE) 1984, in the following circumstances:

  1. 1. If there is reason to believe the visitor is in possession of a class A, B or C controlled drug (section 23 Misuse of Drugs Act 1971).
  2. 2. If there is reason to believe she or he is in possession of a firearm (section 47 Firearms Act 1968).
  3. 3. Following arrest of the visitor in the circumstances set out in section 32 of PACE 1984.
It is our policy that governors will only authorise a strip-search if the police are unwilling or unable to attend. Officers of the prison may, if they have lawful grounds for doing so, arrest and caution the visitor pending arrival of the police.