Arrest how made
10.—(1) A police officer or an enforcement officer making an arrest under this Part must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action.
(2) If the person forcibly resists or tries to evade arrest, the officer may use all means necessary to effect the arrest.
No unnecessary restraint
11.—(1) A person who is arrested under this Part must not be subjected to more restraint than is necessary to prevent the person's escape.
(2) Handcuffs or any similar means of restraint may be used on the person arrested to prevent the person from—
- (a) inflicting any bodily self-injury or injury to others;
- (b) damaging any property;
- (c) creating any disturbance; or
- (d) escaping from custody.
(3) The handcuffs or means of restraint must not be used on the person arrested for the purpose of punishment.
Search of persons
12.—(1) A police officer or an enforcement officer making an arrest under this Part may search the person arrested and take possession of any document or article found on the person which the officer reasonably believes to be connected to the offence for which the person is arrested.
(2) Where a person is searched under this section or section 8(1)(c)—
- (a) the search must be made by a police officer or an enforcement officer of the same sex as the person, with strict regard to decency; and
- (b) the police officer or enforcement officer must not take into possession the person's necessary wearing apparel.
