14DSearch of arrested person

14D Search of arrested person

(1) A protective service officer may, upon lawfully arresting a person for an offence: (a) conduct an ordinary search or a frisk search of the person; and (b) search the clothing that the person is wearing and any vessel, vehicle or other property under the person’s immediate control if the officer believes on reasonable grounds that it is necessary to do so; for the purpose of: (c) ascertaining whether there is concealed on the person, in the clothing or in the property, a weapon or other thing capable of being used to inflict bodily injury or to assist the person to escape from custody; or (d) preventing the concealment, loss or destruction of evidence of, or relating to, the offence. (2) If the protective service officer is not of the same sex as the arrested person, an ordinary search or a frisk search of the arrested person for the purposes of subsection (1) may be conducted by: (a) if a protective service officer, a member or a special member of the same sex as the arrested person is reasonably available to conduct the search—that protective service officer, member or special member; or (b) if paragraph (a) does not apply but a police officer or an officer of Customs (within the meaning of subsection 4(1) of the Customs Act 1901) who is of the same sex as the arrested person is reasonably available to conduct the search—that police officer or officer of Customs; or (c) otherwise—any other person who is of the same sex as the arrested person and who is requested by the protective service officer to conduct the search. (3) An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of a protective service officer, conducts a search under this section if the person acts in good faith and does not contravene subsection (4). (4) A protective service officer or other person who conducts a search under this section must not use more force, or subject an arrested person to greater indignity, than is reasonable and necessary in order to conduct the search. (5) A protective service officer or other person who lawfully conducts a search under this section may seize: (a) any weapon or thing mentioned in paragraph (1)(a); or (b) anything that the officer or other person has reasonable grounds to believe is a thing: (i) with respect to which an offence has been committed; or (ii) that will afford evidence of the commission of an offence; or (iii) that was used, or intended to be used, for the purpose of committing an offence.