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 3ZI   Rules for conduct of strip search  

(1)  
A strip search:


(a) must be conducted in a private area; and


(b) must be conducted by a constable who is of the same sex as the person being searched; and


(c) subject to subsections (3) and (4), must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched; and


(d) must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search; and


(e) must not be conducted on a person who is under 10; and


(f) if the person being searched is at least 10 but under 18, or is incapable of managing his or her affairs:


(i) may only be conducted if the person has been arrested and charged or if a magistrate orders that it be conducted; and

(ii) must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the person, in the presence of another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person; and


(g) must not involve a search of a person's body cavities; and


(h) must not involve the removal of more garments than the constable conducting the search believes on reasonable grounds to be necessary to determine whether the person has in his or her possession the item searched for or to establish the person's involvement in the offence; and


(i) must not involve more visual inspection than the constable believes on reasonable grounds to be necessary to establish the person's involvement in the offence.

(2)  
In deciding whether to make an order referred to in paragraph (1)(f), the magistrate must have regard to:


(a) the seriousness of the offence; and


(b) the age or any disability of the person; and


(c) such other matters as the magistrate thinks fit.

(3)  
A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if a medical practitioner of the same sex as the person being searched is not available within a reasonable time.

(4)  
Paragraph (1)(c) does not apply to a parent, guardian or personal representative of the person being searched if the person being searched has no objection to the person being present.

(5)  
If any of a person's garments are seized as a result of a strip search, the person must be provided with adequate clothing.




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