Concerns About Inappropriate Court Security Searches

Her Majesty's Courts and Tribunal Service (HMCTS) is currently reviewing the way security checks are performed after several women raised concerns about the process.

According to a recent report in the Leicester Mercury, several woman have been left feeling embarrassed and uncomfortable after being searched by male security staff.

Olwen Davies, a solicitor-advocate, wants HMCTS to introduce a number of measures to help women feel more comfortable at security checks.

The Leicester-based lawyer said: "As women, we face the daily ordeal of being searched by men, some of whom appear to have a chip on their shoulder over women having professional roles in society.

"Women face the daily indignity of having sanitary protection removed from their bags for all to see.

"HMCTS have been asked to conduct such searches in private to preserve the dignity of those simply going to work.

"They have refused on the grounds that it is too resource-intensive."

Ms Davies has conducted research on the intrusiveness of the searches by speaking to fellow court users.

"Our research showed it isn't just women lawyers who are ordered to open purses, lift up shirts to reveal navels or have the security wand linger across their chests and between their legs on the way into the building," she said.

"A female JP at Leicester Magistrates' Court was left uncomfortable when subject to a search when wearing a cotton summer dress and no tights."

The problem of intrusive searches seems to be more widespread than just Leicester, with a security officer at Bromley Magistrates' Court having been suspended after asking barrister Becky Owen to "spread your legs please" during a search last November. The same officer refused Ms Owen entry when she wouldn't empty the contents of her bag into a tray for all to see.

Ms Davies has written to HMCTS asking for the following safeguards:

• Security staff must be obliged to wear their name badges;
• HMCTS should provide the SIA accreditation number of any security staff member within 48 hours of a request by a court user;
• No security searches should be conducted by a staff member of the opposite sex, unless the court user gives their express consent;
• Court users should have a right to be searched in private;
• Entry should be permitted on production of a valid ID card issued by the Bar Council, Law Society or other professional body;
• Signs explaining court users' rights and obligations regarding searches and entry should be positioned prominently.

Responding to concerns, an HMCTS spokeswoman said: "While the majority of our security staff are hard-working and professional, we will always investigate allegations of unacceptable behaviour and take robust action where they are found to be true."

Practise obviously differs across England and Wales, but in my experience most Magistrates and District Judges have either a fob or pass code to allow them access via a private entrance at the side or rear of the court building.

Unless they are an unfamiliar face, it is unlikely they would undergo any security check apart from being asked to show their ID card. Depending on how well recognised they are, they might not even be approached by security staff. HMCTS and National Probation Service staff similarly have access via a private entrance.

All other court users gain access via the public entrance, which involves undergoing a basic security screen. A security officer either asks the court user to walk through a metal detecting gate or passes a metal detecting wand over the front and rear of their body. If anything is detected the court user would be asked to show and/or explain the item in question.

If the court user has a bag the officer will ask them to open it up and show what is inside, perhaps moving the items around a little to reveal the full interior of the bag. I have never seen a security officer ask anyone to empty out the contents of their bag on to a table or tray, but clearly it does happen in some places.

I should also say that I have never come across a security officer that I have considered impolite or unprofessional in any way.