DETENTION SERVICE ORDER 16/2008
Guidance on Searching; Religious/Cultural Considerations
CONTENTS:
PAGE:
Part I Searches of the Person , Rub and Pat down Searches
3
Detainees
Visitors
Visiting Ministers
3
3
3
Full Searches
Detainees
Muslim Detainees
Searching Religious or Cultural Headwear
3
3
3
3
Removal of Headwear
Detainees / Visitors / Chaplains
Veils and Face coverings worn by visitors
Good Practice
4
4
4
4
Part II Searches Using Dogs
Room Searches
Good Practice
Dogs in Visits areas
Use of dogs during searches of chapels or multi- faith rooms
4
4
4
4
4
Part III Religious Books and Artefacts
General
Buddha Statues
Sikh Kirpan (small knife)
Staff/Visitors
Good Practice
Detainees
Incense
Handing in of Religious Artefacts/Books
5
5
Part IV Corporate Worship
6
1
5
5
5
5
6
6
Part I Searches of the Person
Rub and Pat Down Searches
Detainees
1.1
Searches of male detainees with a religious or cultural objection to being searched by a female
member of staff must be carried out by a male member of staff. In many faiths a male detainee
may find it unacceptable to be searched by a female member of staff. All female detainees must
be searched only by female staff.
Visitors
1.2
Where male visitors have a religious or cultural objection to being searched by a woman, a male
member of staff must carry out the search. All female visitors must be searched by a female
member of staff.
Visiting Ministers
1.3
Ministers are subject to search but must be treated as official visitors. Refusal on their part to
allow a proper search should normally mean that they are refused entry. However, the Manager
of Religious Affairs (or equivalent) should be advised and the Duty Manager must be consulted
before they are turned away.
Full Searches
Detainees
1.4
In accordance with procedure, when it has been deemed absolutely necessary and when
authority has been given, any detainee being strip searched must not be completely naked at any
time.
Muslim detainees
1.5
The Qur’an forbids the nakedness of Muslims in front of others. Strip searches are allowed under
Islamic law when such a search is necessary for the security and safety of the Centre or of
individuals.
Searching Religious or cultural headwear
1.6
Detainees should normally be allowed to wear religious/cultural headwear, (e.g. Sikh turbans,
Jewish yarmulkes, Muslim caps, Muslim women’s headscarves, Rastafarian hats). Such
headwear is subject to searching, but care must be taken to treat it with respect. (The Sikh
turban, for instance, is a distinct religious entity and a unitary emblem of the Sikh faith.) All
persons can have their religious headwear searched by a hand held metal detector.
Removal of headwear
2
Detainees / Visitors / Chaplains
1.7
Religious headwear should only be required to be removed if there is an alarm that cannot be
accounted for or if there is suspicion of concealed items.
This must be done in private and by officers of the same sex. An officer should not attempt to
unwind or remove headwear. The person must be given the opportunity to remove or unwind it
them self.
Veils and face coverings worn by visitors
1.8
Some female visitors, particularly those of the Muslim faith, will wear veils or other face coverings
for religious reasons. They must not be made to uncover their faces or hair in public or in front of
a man as this could cause serious offence and distress. When required for security or
identification purposes, the removal of the veil or face covering must be done in private with only
female staff present.
1.9
Following the removal of headwear, the person must be given the opportunity to use a mirror,
and to have privacy and time to put it back on.
Good practice
1.10
To assist detainees, staff and visitors, centres should display in appropriate areas (e.g. reception,
the gate, visits hall, visitors’ centres) information about the policy on the searching of religious
headwear.
Part II Searches Using Dogs
Room searches
1.11
In some faiths, most notably the Muslim faith, if dog hair or saliva comes in contact with an
individual’s clothing or religious artefact, it renders these items defiled. If a dog touches such a
detainee they will wish to make ritual ablutions and change clothes. This must be allowed. If
dogs are used in a room search they should not be allowed to touch holy books and artefacts.
The detainee should be allowed to bring out religious artefacts from their room so that the
supporting staff can search them by hand before the room is searched. Suspicion that the dogs
have conveyed saliva to the book or object would make it defiled in many faiths. Bedding should
be changed where the detainee feels that it has been defiled.
Good Practice
1.12
Detainees may be issued with, and allowed to cover holy books and artefacts in, a clear plastic
pouch to prevent dogs touching them directly.
Dogs in visits area
1.13
Care must be taken that drug dogs do not touch a visitor whose beliefs would make this offensive
to them, e.g. if they are of the Muslim faith.
Use of dogs during searches of chapels or multi- faith rooms
1.14
3
For routine searching arrangements, a member of the Faith team must be involved with the
drawing up of a searching plan for chapels or multi-faith rooms.
Part III Religious Books and Artefacts
General
1.15
The Holy books and religious artefacts of any faith, while being subject to search, must be treated
with respect. They should not be handled by dirty hands. Gloves may be worn if an officer
needs to pick up any religious artefacts. Objects should not be put on the floor or with shoes or
underclothes. The detainee should be allowed to point out holy books and religious artefacts
before the search. It is preferable for the detainee to show the book or object themselves when
subject to a search.
Buddha statues
1.16
Images of the Buddha are a key part of Buddhist religious practice and statues of the Buddha are
allowed to be held in possession by Buddhist detainees. Buddha images must be handled
carefully and with respect. They must not be picked up by the head and the enlightenment flame
(the point on the head) must not be cut or filed.
Sikh Kirpan (small knife)
Sikh Ministers
1.17
The Sikh Minister appointed to the Centre may bring in his Kirpan (small knife). The Kirpan must
be small (not more than approximately 6” or 15.5 cms long, including the handle). Large Kirpans
are not acceptable. The Kirpan must be secured to the body under the clothing. Gate/security
staff should confirm that the Kirpan is being carried when the Sikh Chaplain enters and leaves
the Centre. If a Sikh Minister is required to remove his Kirpan as a part of the search he must be
allowed to do so in private and it should not to be handled by anyone apart from the Sikh
Minister. He should also be allowed privacy to put the Kirpan back on.
Staff/Visitors
1.18
Apart from the Sikh Minister, other Sikh members of staff and Sikh visitors are not allowed to
wear their Kirpan (small knife) inside the Centre.
Good Practice
1.19
Restrictions on visitors wearing Kirpans should be publicised in an appropriate notice and in the
visitors’ centre.
1.20
Small replicas of the Kirpan may be made available at arrival at the gate or in the visitor’s centre.
Detainees
1.21
4
Sikh detainees are to be allowed to have only a representation of a Kirpan inlaid in metal on the
comb (Khanga).
Incense
1.22
Incense should be allowed to be used by Ministers in group/corporate worship. In addition,
detainees who practise certain religions, specified below, should also be allowed to hold incense
in their rooms and use it for their private religious practice.
Buddhism
Hinduism
Christianity
Chinese religions (Taoism, Confucianism, Shaminism)
Paganism
Sikhism
1.23
Managers must ensure that incense is added to Centres’ published facilities/privileges list and
that those detainees who practise the above religions shall be allowed to retain incense in their
possession. Detainees must only be allowed to have incense sticks or cones together with a
suitable plate or holder. Incense in powder or granular form and carbon/iron pellets to ignite them
must not be permitted.
1.24
Managers retain the discretion not to allow an individual to have incense in his or her possession
if it constitutes a risk to health, safety, security, compliance with smoking/non-smoking areas or
good order. In assessing this, Managers will need to have regard to the method of burning and
the acceptability of any related items.
1.25
Manager will also have discretion on the amount of incense that may reasonably be held by
detainees.
1.26
Incense has from the earliest times been an integral part of Buddhist worship, while for Hindus
and the Chinese religions it is a traditional part of religious practice. However, it is recognised
that occasionally followers of other religions may also request to use incense as part of their
private worship. In these circumstances Managers should consider each case on its merits and
may use local discretion regarding the use and retention of incense by such detainees.
Handing in of Religious Artefacts/Books
1.27
Essential items of religious artefacts that are required by a detainee to practise his/her faith may
be handed in subject to security considerations.
Part IV Corporate Worship
1.28.1 All areas used for corporate worship must be treated with respect. It is disrespectful to walk on
prayer mats and officers should avoid doing so unless essential, e.g. to deal with a security
incident.
1.29
Officers supervising Muslim prayers should not step on, or in front of the direction of, prayer mats
unless an intervention becomes necessary for security reasons.
1.30
Radios should be fitted with earpieces to avoid disturbance of the service. Care must be taken
that supervising officers do not talk unnecessarily or jangle keys during the worship.
1.31
5
Incense, candles and oil lamps are allowed for group worship in the chapel or multi faith room.
Oil lamps may be subject to further examination. Oil candles are not permitted in any
circumstances.
For all Detention Service Orders, rules and standards please click on the below link:
http://horizon/IND/Directorates/OPERATIONS/Operational/DetentionServices/RulesAndStandards.
asp
Any queries with this DSO should be addressed to the Alan Hollett, Detention Services.
Detention Services
December 2008
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