Power of police officer to detain and search
15.—(1) The powers under sub-section (2) may be exercised by a police officer who has reason to suspect that any article —
(a) has been stolen or unlawfully obtained; or
(b) is one in respect of which a criminal offence has been, is being, or is about to be, committed; and
(c) which is being conveyed on any person or in any vehicle or in any package, or is otherwise being conveyed; or
(d) which is concealed or contained in any vehicle or package, for the purpose of being conveyed; or
(e) which is concealed or carried on any person in a public place.
(2) On the grounds stated in sub-section (1), a police officer may, without warrant or other written authority —
(a) detain and search any such person, vehicle or package; and
(b) take possession of and detain any such article (together with the package containing it, if any)
which the police officer reasonably suspects –
(i) to have been stolen or unlawfully obtained; or
(ii) in respect of which the police officer reasonably suspects that a criminal offence has been, is being, or is about to be committed; and
(c) detain the person conveying, concealing or carrying the article.
(3) The powers provided for in sub-section (2) shall not be exercised in the case of any article being conveyed by post, except where the posted article has been, or is suspected of having been, dishonestly appropriated during its transit as a posted item.
(4) If there is reason to suspect that there is on board any vessel or aircraft any property that has been stolen or unlawfully obtained, a police officer of or above the rank of sergeant, may –
(a) enter, without warrant and with or without assistants, on board such vessel;
(b) remain on board for such reasonable time as the officer considers necessary;
(c) search, with or without assistance, any part of such vessel;
(d) after demand and refusal of keys, break open any receptacle;
(e) upon discovery of any property which the officer reasonably suspects to have been stolen or unlawfully obtained, take possession of and detain the property;
(f) detain the person in whose possession any property detained under paragraph (e) is found; and
(g) pursue and detain any person who is in the act of conveying any such property away from any vessel, or after the person has landed with the property so conveyed away or found in his or her possession.
(5) A police officer may seize any articles in a public place —
(a) which may furnish evidence in regard to the commission of such offence; and
(b) where there is a possibility of the articles being removed or dealt with in such a way as to prevent their being available as evidence.
(6) All persons detained under this section shall be dealt with in accordance with the procedures applying to persons arrested without a warrant.
Searches to be undertaken by officers of the same gender
16. —(1) All searches of arrested persons shall be conducted only by police officers of the same gender as the arrested person.
(2) In any situation where there is no police officer of the same gender as the person to be searched available to do the search, arrangements may be made for the search to be conducted by a suitable person of the same gender.
(3) In all cases searches shall be undertaken with strict regard to decency.
Power to seize offensive weapons
17. Notwithstanding any other provision of this Decree, a police officer or other person making any arrest in accordance with this Decree may take from the person arrested any instruments of violence, and shall deliver all articles so taken to the police officer before whom the police officer or person making the arrest is required to produce the person arrested.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: