Strip search: what are my rights?

Disclaimer: this article is for general information. It’s not intended to be used as legal advice. For information on how to get legal advice, please see our page here.

What is a strip search?

A strip search is when the police search you and remove more than your outer clothing. Outer clothing is things like your coat, hat, gloves, shoes and socks. If the police ask you to remove anything more than this, like your T-shirt, it would be classed as a strip search.

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When can the police strip search me?

The police can only strip search you if they reasonably believe:

• you have hidden an item that you should not have, and
• they believe it is necessary to remove that item.

When the police strip search someone, it’s usually when they have arrested that person.  But you don’t need to have been arrested to be strip searched.

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Where can the police strip search me?

The strip search must take place in an area where you cannot be seen by anyone else. Strip searches should not be carried out in a police van.

You can request an ‘appropriate adult’ to attend if you are a child or if the police think you are mentally vulnerable.

What happens during a strip search?

The police can ask you to remove your clothing and to expose intimate parts of your body during a strip search. If you refuse, they can use reasonable force where necessary to carry out the search. But force must only be used as a last resort.

If the officer believes it is necessary, they can tell you

• to hold your arms out in the air, or
• to stand with your legs apart and bend forward so they can look at your genital and anal areas.

But the officer should not

• tell you to squat during a strip search.
• touch any bodily orifice (other than your mouth) during a strip search

If they do, it will be classed as an intimate search, and different rules will apply.

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What obligations do the police have during a strip search?

Explanations: The officer should explain why you are being searched. This includes telling you what they are looking for and why it is necessary to conduct a search. Their reason for the search can’t just be that they haven’t found what they are looking for.

Gender: The police officer carrying out the strip search must be the same gender as you. You can tell the police officer your gender and you should be searched by an officer of the same gender.

Unfortunately, The Police and Criminal Evidence Act 1984 (PACE) and its codes of practice do not have rules for how the police should treat nonbinary people. If you are nonbinary, you should state the sex you prefer to be treated as. Read more on your rights as a trans/non-binary person in custody.

Other people: If the strip search involves you exposing intimate body parts, you must be strip searched with at least two other people present. There is an exception for urgent cases where there is a risk of serious harm to you or others.

Appropriate adults: If you are 17 or under, or are mentally vulnerable, an appropriate adult must be one of the people present during the strip search. The only times this does not apply are:

• In ‘urgent cases’, where there is a risk of serious harm to you or others
• If you are 17 or under and you indicate in the appropriate adult’s presence that you do not want them there for the search. The adult must also agree.

Time: The police officer must conduct the strip search as quickly as possible. They must allow you to dress as soon as the search is complete. They must also make every reasonable effort to minimise your embarrassment. This includes allowing you to remove your clothing in sections.

If you’re on your period (menstruating): The police should make sure you can privately tell a female officer if you are menstruating. The police should give you special consideration if you are, like giving you menstrual products. Where menstrual products are removed as part of a strip or intimate search, you should be offered a replacement without delay.

Property: The officer is responsible for keeping safe any property taken from you.

Records: They must also make a record of the strip search, including the reason why it was considered necessary, the people present, and the result.

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Strip searches and human rights

No torture or inhuman/degrading treatment

You have the right to freedom from torture, inhuman and degrading treatment under Article 3 in the Human Rights Act 1998. This is an absolute right. The police should never strip search you in a way that amounts to torture you or degrading or inhuman treatment.

Privacy

Article 8 protects your right to privacy.

However, your right to privacy is a ‘limited’ right. The police can interfere with your right to privacy by strip searching you if:

• The police follow the law when doing the strip search
• The police are strip searching you for a legitimate aim, like protecting public safety or preventing crime, and
• The police don’t go further than is needed.

But a strip search may also violate your Article 3 and Article 8 rights if the police:

• do not follow the correct procedures during a strip search, or
• if they mistreat you, or
• use more force than is reasonably necessary.

Right to liberty: Article 5 of the ECHR stops the state from detaining people arbitrarily. This means you are protected from having your freedom taken away without a legitimate reason. If the police detain you for a strip search and the strip search was unlawful in any way, the detention itself may be a human rights violation.

Protection from discrimination: Article 14 of the ECHR means that you should have equal access to your human rights as everyone else. You shouldn’t be treated unfairly or denied your rights because of your gender, race, disability, or anything else.

A strip search may be a violation of your Article 14 rights under the ECHR if the police’s actions are because you are, for example, unhoused, transgender, or of a certain race. This could be their decision to strip search you, or how they treat you when they strip search you.

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Police complaints and legal action

If you think you’ve been unlawfully strip searched or feel the police mistreated you or used excessive force during a strip search, you can make a police complaint. Learn more about police complaints.

You can also take legal action against the police. If you decide to do so, we strongly advise you get legal advice. You should find a lawyer with expertise in ‘actions against the police’. Use our lawyer finder to help.

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Further guidance

More information on your rights when being stopped and searched is available on our Advice & Information Hub, including:

• Stop and search
• What happens during a stop and search?
• Stop and account

The Network for Police Monitoring (Netpol) also provides guidance on strip searches and police powers.

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