Subject to subsection (4) of this section, where any person (in this section referred to as the detainee) is taken into lawful custody and is to be locked up in Police custody, a member of the Police may conduct a search of that person and take from him all money and all or any property found on him or in his possession, and may use or cause to be used such reasonable force as may be necessary to conduct that search or take any money or property.

Subject to subsection (3) of this section, and to any order of the Court made under section 58 of this Act or section 403 of the Crimes Act 1961, all money and every item of property taken from the detainee under subsection (1) of this section shall, on request, be returned to him when he is released from custody, except—

Where the detainee is released from police custody and taken into custody in any penal institution, all money and every item of property taken from him under subsection (1) of this section (other than money or property referred to in paragraph (a) or paragraph (b) of subsection (2) of this section) shall, where practicable, be delivered to the Superintendent or other officer in charge of that penal institution.

No search shall be conducted under this section unless the detainee is at a police station, or in any other premises, or in any vehicle, being used for the time being for Police purposes.

Nothing in this section shall limit or affect the right at common law of a constable to search any person upon that person’s arrest.”