Section 3: Duty to make records concerning searches., Police and Criminal Evidence Act 1984

Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—

under section 6 below; or

under section 27(2) of the Aviation Security Act 1982, a record of the search shall be made in writing unless it is not practicable to do so.

If a record of a search is required to be made by subsection (1) above—

in a case where the search results in a person being arrested and taken to a police station, the constable shall secure that the record is made as part of the person's custody record;

in any other case, the constable shall make the record on the spot, or, if that is not practicable, as soon as practicable after the completion of the search.

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The record of a search of a person or a vehicle—

shall state—

the object of the search;

the grounds for making it;

the date and time when it was made;

the place where it was made;

except in the case of a search of an unattended vehicle, the ethnic origins of the person searched or the person in charge of the vehicle searched (as the case may be); and;

shall identify the constable who carried out the search.

The requirement in subsection (6)(a)(v) above for a record to state a person's ethnic origins is a requirement to state—

the ethnic origins of the person as described by the person, and

if different, the ethnic origins of the person as perceived by the constable.

If a record of a search of a person has been made under this section, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below.

If—

the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asked for a copy of the record of the search before the end of the period specified in subsection (9) below; and

a record of the search of the vehicle has been made under this section,

the person who made the request shall be entitled to a copy.

The period mentioned in subsections (7) and (8) above is the period of 3 months beginning with the date on which the search was made.

The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.

Section 3: Duty to make records concerning searches.

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