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Can the police use body scanners during a custody search?
In the UK, police can search a person when they are taken into custody, and that search may include a body scanner in some circumstances. The aim is usually to check whether the person is carrying weapons, drugs, or other prohibited items. A scanner may be used instead of, or alongside, a more traditional search.
Whether a body scanner can be used will depend on the police force, the equipment available, and the circumstances of the arrest. Custody staff must still follow legal safeguards and treat the person with dignity. The search must be justified and carried out in a lawful, proportionate way.
What is a body scanner?
A body scanner is a device used to detect items hidden on or inside a person’s clothing or body. In custody, scanners are most often used to reduce the risk of contraband entering cells or harming staff and detainees. They can also help officers avoid repeated physical searches where a scanner gives a clear result.
These scanners are not the same as airport-style machines in every case. Some custody suites use hand-held equipment or scanners that can identify concealed objects more quickly. The exact technology varies, but the purpose is generally the same: to improve safety and security.
What powers do police have?
Police powers to search a detainee come from criminal law and custody rules, including the Police and Criminal Evidence Act 1984 and its Codes of Practice. Before a person is placed in a cell, officers are usually allowed to conduct a strip search or other search if it is necessary. A body scanner may be used as part of that process if it is suitable.
The police must have a proper reason for the search, and it should not be more intrusive than needed. In many cases, officers will consider the least intrusive option first. If the scanner is enough to satisfy safety concerns, that may reduce the need for a fuller physical search.
What rights does the detained person have?
Even in custody, a person keeps important rights. Searches must respect privacy as far as possible, and custody officers should take account of age, sex, gender identity, vulnerability, and any religious or cultural concerns. If a search is especially intrusive, extra safeguards may apply.
A person can ask why the search is being carried out and can raise concerns if they believe it is unfair or unnecessary. If they feel mistreated, they can later make a complaint. In some cases, legal advice may be available while in custody.
When should a solicitor be involved?
If you or someone you know has been arrested, it is sensible to ask for free legal advice as soon as possible. A solicitor can explain whether the search appears lawful and whether the detention process is being followed correctly. They can also advise if there may be grounds to challenge how the search was done.
If a body scanner is used in custody, it should be for a legitimate policing purpose, not to intimidate or punish. The law allows searches for safety, but it also requires fairness and restraint. If you think that balance has not been respected, legal advice is important.
Frequently Asked Questions
Police use of body scanners during custody search refers to the use of imaging devices to detect concealed items on or in a detained person before or after placement in custody, helping officers identify weapons, drugs, or other prohibited items.
Police use body scanners during custody search to improve officer and detainee safety, reduce the need for more intrusive physical searches, and detect hidden items that may pose a security risk.
Police use body scanners during custody search when a person is being processed into custody and local law, policy, and risk assessments allow screening as part of the intake or search procedure.
Police use of body scanners during custody search may apply to detainees who are being booked into custody, subject to the governing legal framework, custody policies, and any required justification or authorization.
Police use of body scanners during custody search typically involves a detainee standing or passing through a scanner that captures an image or detects anomalies, which trained staff review for concealed items.
No, police use of body scanners during custody search is generally less intrusive than a strip search because it uses technology to detect hidden items without requiring the detainee to remove clothing, though exact procedures vary.
Yes, police use of body scanners during custody search is usually governed by law, policy, necessity, proportionality, privacy safeguards, and rules about when and how scanning may be conducted.
Police use of body scanners during custody search involving children is typically subject to additional safeguards, strict policy controls, and age-appropriate considerations, depending on the jurisdiction.
Police use of body scanners during custody search on vulnerable adults may require extra care, reasonable adjustments, and compliance with safeguarding duties and custody policy.
Privacy protections for police use of body scanners during custody search often include limited access to images, trained operators, secure storage or deletion rules, and restrictions on viewing, sharing, or recording images.
Whether images from police use of body scanners during custody search can be recorded or stored depends on the scanner type, local policy, and privacy law; many systems are designed to minimize or avoid storing identifiable images.
If police use of body scanners during custody search detects a concealed item, officers may follow custody procedures to secure the item, assess any immediate risk, and decide whether further search or medical evaluation is needed.
A detainee may ask to refuse police use of body scanners during custody search, but the legal effect of refusal depends on custody powers, local policy, and whether alternative search measures are authorized.
Yes, police use of body scanners during custody search is generally supposed to be carried out or overseen by trained staff who understand scanner operation, privacy obligations, and escalation procedures.
Police use of body scanners during custody search can be effective at identifying concealed objects, but accuracy depends on the scanner technology, operator training, item size, and the location of the concealed item.
Potential risks of police use of body scanners during custody search include privacy concerns, false positives, missed detections, improper handling of images, and over-reliance on technology instead of broader safety procedures.
Police use of body scanners during custody search may reduce the need for some physical searches, but it does not always replace them because officers may still need to conduct a manual search when justified.
Training for police use of body scanners during custody search usually includes device operation, interpreting results, privacy and data handling, detainee welfare, and escalation when a possible concealed item is detected.
Yes, police use of body scanners during custody search may require medical consideration for detainees with health conditions, pregnancy, implants, injuries, or other circumstances that could affect safe and appropriate screening.
A person can usually challenge police use of body scanners during custody search by using the custody complaint process, requesting legal advice, and, if appropriate, seeking review under applicable oversight or judicial procedures.
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