F354(10A)If the intimate search is a drug offence search, the custody record relating to that person shall also state—

(a)the authorisation by virtue of which the search was carried out;

(b)the grounds for giving the authorisation; and

(c)the fact that the appropriate consent was given.]

(11)The information required to be recorded by [F355subsections (10) and (10A)] above shall be recorded as soon as practicable after the completion of the search.

(12)The custody officer at a police station may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained—

(a)if he believes that the person from whom it is seized may use it—

(i)to cause physical injury to himself or any other person;

(ii)to damage property;

(iii)to interfere with evidence; or

(iv)to assist him to escape; or

(b)if he has reasonable grounds for believing that it may be evidence relating to an offence.

(13)Where anything is seized under this section, the person from whom it is seized shall be told the reason for the seizure unless he is—

(a)violent or likely to become violent; or

(b)incapable of understanding what is said to him.

[F356(13A)Where the appropriate consent to a drug offence search of any person was refused without good cause, in any proceedings against that person for an offence—

(a)the court, in determining whether there is a case to answer;

(b)a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and

(c)the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper.]
(14)Every annual report—

[F357(a)under section 22 of the M33Police Act 1996; or]

(b)made by the Commissioner of Police of the Metropolis,

shall contain information about searches under this section which have been carried out in the area to which the report relates during the period to which it relates.
(14A)F358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)The information about such searches shall include—

(a)the total number of searches;

(b)the number of searches conducted by way of examination by a suitably qualified person;

(c)the number of searches not so conducted but conducted in the presence of such a person; and

(d)the result of the searches carried out.

(16)The information shall also include, as separate items—

(a)the total number of drug offence searches; and

(b)the result of those searches.

(17)In this section—

“the appropriate criminal intent” means an intent to commit an offence under—
(a)section 5(3) of the M34Misuse of Drugs Act 1971 (possession of controlled drug with intent to supply to another); or

(b)section 68(2) of the M35Customs and Excise Management Act 1979 (exportation etc. with intent to evade a prohibition or restriction);

[F359“appropriate officer” means—
(a)a constable,
(b)[F360a person who is designated as a detention officer in pursuance of section 38 of the Police Reform Act 2002 if his designation applies paragraph 33D of Schedule 4 to that Act, ]F361. . .
(c)F361. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
“Class A drug” has the meaning assigned to it by section 2(1)(b) of the Misuse of Drugs Act 1971;
“drug offence search” means an intimate search for a Class A drug which an officer has authorised by virtue of subsection (1)(b) above; and
“suitably qualified person” means—

(a)a registered medical practitioner; or

(b)a registered nurse.