Correct on the date of publication - 18 November 2024
Question:
What is the legality of custody officers seizing the clothing of a detained person as evidence of the offence? Would such conduct result in him being regarded as involved in the investigation?
Answer:
Section 54(1) of PACE provides, among other things, that the custody officer at a police station shall ascertain and record everything which a person has with him when he is -
- brought to a police station after being arrested elsewhere or after being committed to custody by an order or sentence of a court; or
- arrested at the police station or detained there as a person falling -
- within section 34(7) (person answer bail deemed to be arrested for original offence);
- under section 37 (detention before charge); or
- as a person to whom section 46ZA(4) or (5) applies (live link bail) .
Subsections 54(3) and (4) provides the custody officer with a power of seizure. Personal effects may only be seized if the custody officer believes that the person from whom they are seized may use them -
- to cause physical injury to himself or another person;
- to damage property;
- to interfere with evidence; or
- to assist him to escape;
or has reasonable cause for believing that they may be evidence relating to an offence.
There is, therefore, no scope to argue that the seizure of articles of clothing (or other items) from the prisoner compromises the custody officer's independence (section 36(5) of the Act).
In the circumstances described, the custody officer is simply performing a function he is empowered to do.
See also the custody officer's involvement in investigation.
