The Act Commentary on Sections Part 2: Police Powers Relating to Drugs Section 5: X-rays and ultrasound scans: England and Wales
16.This section inserts a new section 55A into the Police and Criminal Evidence Act 1984.
17.New section 55A(1) enables a police officer of at least the rank of inspector to authorise an x-ray or ultrasound scan (or both) of a person suspected of swallowing a Class A drug which he had in his possession with intent to supply or export unlawfully, where the person has been arrested for an offence and is in police detention.
18.New section 55A(2) provides that an x-ray may not be taken or an ultrasound scan undertaken without the suspect’s consent which must be in writing. New section 55A(3) requires that the person be informed that the x-ray or ultrasound has been authorised and the grounds on which it has been authorised. New section 55A(4) provides that the x-ray or ultrasound scan may only be taken at a hospital, registered medical practitioner’s surgery or other place used for medical purposes and only by a registered medical practitioner or nurse. New section 55A(5) and (6) requires that the authorisation for the x-ray or ultrasound, grounds for that authorisation and consent of the person to be searched is recorded in the custody record as soon as practicable after the x-ray has been taken or ultrasound carried out.
19.New section 55A(7) and (8) makes provision for information relating to x-rays and ultrasound scans to be included in annual reports made by chief constables or the Commissioner of Police of the Metropolis. The reporting requirements are similar to those which apply to information relating to intimate searches.
20.New section 55A(9) provides that appropriate inferences may be drawn by a court or jury where a person refuses without good cause to consent to an x-ray or ultrasound scan.
21.Subsection (2) amends Schedule 4 to the Police Reform Act 2002 to allow detention officers and staff custody officers to inform suspects of the matters referred to in section 55A(3).