CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 4 - Arrest and related matters  

SECTION 3ZH   Power to conduct an ordinary search or a strip search  

(1)  
If a person who has been arrested for an offence is brought to a police station, a constable may:


(a) if an ordinary search of the person has not been conducted - conduct an ordinary search of the person; or


(b) subject to this section, conduct a strip search of the person.

(2)  


A strip search may be conducted if:


(a) a constable suspects on reasonable grounds that the person has in his or her possession:


(i) a seizable item; or

(ii) evidential material (other than forensic material as defined in Part ID ) in relation to that or another offence; and


(b) the constable suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item or evidential material; and


(c) a constable of the rank of superintendent or higher has approved the conduct of the search.

(2A)  


If:


(a) in the course of carrying out a strip search, the constable comes to believe on reasonable grounds that the carrying out of a forensic procedure would be likely to produce evidence relating to the offence for which the person has been arrested or any other offence; and


(b) Part ID provides for the carrying out of such a forensic procedure;

the forensic procedure must not be carried out except in accordance with Part ID .

(2B)  


The conducting of a strip search may include taking photographs of evidential material found on the person, whether or not taking photographs is a forensic procedure provided for by Part ID .

(3)  
Subject to section 3ZI , a strip search may also be conducted if the person consents in writing.

(3A)  


Subsection (3) does not authorise the conduct of a strip search for the purpose of obtaining forensic material as defined in Part ID . Such a search must not be conducted except in accordance with Part ID .

(4)  
Subject to section 3ZI , a strip search may be conducted in the presence of a medical practitioner who may assist in the search.

(5)  


The approval may be obtained by telephone, telex, fax or other electronic means.

(6)  
A constable who gives or refuses to give an approval for the purposes of paragraph (2)(c) must make a record of the decision and of the reasons for the decision.

(7)  
Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).

(8)  
Any item of a kind referred to in paragraph (2)(a) that is found during a strip search may be seized.




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