103 Detention pending investigation by Police

(1)

If an officer has reasonable grounds to believe (whether as a consequence of a search under sections 99 to 101 or otherwise) that a person in a prison (other than a prisoner) is in possession of a controlled drug within the meaning of the Misuse of Drugs Act 1975, the officer may—

(a)

detain that person; and

(b)

for the purposes of paragraph (a), use any physical force (and no more) that is reasonably necessary in the circumstances.

(2)

An officer may detain a person under this section only for the purpose of obtaining the attendance of a constable who is entitled in the circumstances to exercise any statutory search power.

(3)

An officer who detains a person under this section must—

(a)

promptly contact the Police to arrange the attendance of a constable; and

(b)

if advised that a constable will not attend before the expiry of the period in subsection (4), immediately release the person from detention under this section.

(4)

A person must not be detained under this section for a period exceeding 4 hours.

(5)

A person who is detained under this section is not a prisoner (within the meaning of section (3)(1)).

Section 103(2): replaced, on 17 December 2016, by section 34 of the Statutes Amendment Act 2016 (2016 No 104).

Section 103(3)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 103(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).