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Powers of search in relation to controlled drugs.
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2.—(1) An officer of Customs and Excise who with reasonable cause suspects that a person at or in the vicinity of any port or airport or the Land Frontier is in possession of a controlled drug which—
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(a) was imported, or
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(b) is being, or is intended to be, exported—
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contrary to any prohibition or restriction on the importation or exportation thereof (as the case may be) may without warrant—
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(i) search the person and, if he considers it necessary for that purpose, detain the person for such time as is reasonably necessary for carrying out the search:
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Provided that—
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(A) the officer conducting a search of a person being detained shall ensure, so far as practicable, that the person understands the reason for the search and that it is conducted with due respect for the person being searched;
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(B) a person being detained shall not be searched by an officer or person of the opposite sex;
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(C) where a search of a person being detained involves removal of clothing, other than head-gear or a coat, jacket, glove or similar article of clothing, no officer or person of the opposite sex shall be present unless either that person is a designated medical practitioner or the officer considers that the presence of that person is necessary by reason of the violent conduct of the person to be searched;
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(D) a search of the person may, at the request of the person to be searched, or on the direction of the officer or officers present, be carried out by a medical practitioner designated by the officer or officers and may include an intimate body search,
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(ii) search any vehicle, vessel or aircraft in which he suspects that a controlled drug may be found (and any substance, article or other thing on or in the vehicle, vessel or aircraft) and for the purpose of carrying out the search may, if he thinks fit, require the person for the time being in control of the vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or if the vehicle, vessel or aircraft is already stationary, to refrain from moving it, and
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(iii) examine (by opening or otherwise) and seize and detain anything found in the course of a search under this section which appears to him to be something which might be required as evidence in proceedings for an offence under the Customs Acts or under the Misuse of Drugs Acts, 1977 and 1984.
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(2) (a) Where an officer of Customs and Excise decides to search a person under this section, he may require the person to accompany him to a Customs Office or to such other place as may be specified by the officer for the purpose of being so searched at that Office or other place.
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(b) Where an officer of Customs and Excise decides to search a vehicle, vessel or aircraft under this section, he may make any one or more or all of the following requirements of the person who appears to him to be the owner or person in control or charge for the time being of the vehicle, vessel or aircraft:
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(i) require the person, pending the commencement of the search, not to remove from the vehicle, vessel or aircraft, any substance, article or other thing,
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(ii) where the decision to search relates to a vehicle and the place where he finds the vehicle is in his opinion unsuitable for the search, require the person forthwith to take the vehicle (or cause it to be taken) to a place which the officer considers suitable for the search and which he specifies,
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(iii) require the person to be in or on or to accompany the vehicle, vessel or aircraft for so long as the requirement under this paragraph remains in force.
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(3) Where there is a failure to comply with a requirement under this section, the following provisions shall apply:
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(i) where the requirement was made under subsection (2) (a), the officer of Customs and Excise concerned may arrest without warrant the person of whom the requirement was made;
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(ii) where the requirement is one mentioned in paragraph (ii) of subsection (2) (b), the officer of Customs and Excise concerned may take the vehicle concerned or cause it to be taken to a place which he considers suitable for a search under this section.
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(4) Where a person fails to comply with a requirement under this section, he shall be guilty of an offence under the Customs Acts and shall be liable on summary conviction to a penalty not exceeding £500.
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(5) A requirement mentioned in subsection (2) shall remain in force until the search in relation to which it is made is completed, but such search shall be carried out as soon as is practicable.
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(6) Nothing in this section shall operate to prejudice any power to search, or to seize or detain any goods, which may be exercised by an officer of Customs and Excise apart from this section.
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(7) In this section “vessel” includes a hovercraft.
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(8) In this section “aircraft” includes a glider, balloon and model aircraft.
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