PACE Codes H and I 2024
Codes of practice in connection with the detention, treatment and questioning of persons under the Terrorism Act 2000 and National Security Act 2023.
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We are consulting on ways to strengthen the safeguards for children and vulnerable persons who are subject to searches involving the exposure of intimate parts without hindering the police’s ability to keep the public safe.
This consultation closes at 11:59pm on 24 June 2024. Strip search involving the exposure of intimate parts (EIP) is one of the most intrusive powers available to the police.
The government recognises that these powers are needed in order for the police to prevent harm and effectively investigate crime, as well as mitigate national security risk. However, it is vital these searches are only conducted where necessary and proportionate, in a fair and respectful manner, without unlawful discrimination, and with full regard for the welfare and dignity of the individual being searched.
On 30 April, a statutory consultation on changes to PACE Codes A and C was published setting out proposed new safeguards for children and vulnerable persons who are subject to searches involving the exposure of intimate parts.
Whilst the numbers of children or vulnerable persons subject to detention under the Terrorism Act 2000 or the National Security Act 2023 are significantly lower than those detained or searched under PACE powers, we think that it would be desirable for there to be consistency across the 3 custody codes (PACE codes C, H and I) to ensure that there are equivalent safeguards for children and vulnerable adults.
As a result, in line with the statutory duty under section 67(4) of PACE, we are seeking views from stakeholders on mirroring changes to PACE code C across to PACE Codes H and I.
The revisions proposed in this consultation are intended to strengthen the safeguards for children and vulnerable persons who are subject to searches involving EIP and emphasise the importance of safeguarding, without hindering the police’s ability to keep the public safe.