Children and Young People Act 2008
273Seizing things discovered during body searches
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273 Seizing things discovered during body searches (1) A non-treating doctor conducting a body search of a young detainee may seize anything mentioned in section 264 (Body searches directed by director-general) that is discovered during the search if seizing the thing would not be likely to cause injury to the young detainee or someone else. (2) The doctor must give the thing seized to a youth detention officer as soon as practicable.
Part 7.6 Searching people other than detainees Part 7.6 Searching people other than 274 Searches of people other than detainees (1) The director-general may direct a youth detention officer to conduct a scanning search, frisk search or ordinary search of a person at a detention place who is not a young detainee if the director-general— (a) believes on reasonable grounds that the search is prudent to (i) the safety of anyone; or (ii) security or good order at the place; or (b) suspects on reasonable grounds that the person is carrying— (i) a prohibited thing; or (ii) anything else that creates, or is likely to create, a risk to— (A) the personal safety of anyone else; or (B) security or good order at the place. (2) The youth detention officer who conducts a frisk search or ordinary search of a person mentioned in subsection (1) must— (a) tell the person about the search and the reasons for the search and ask for the person’s cooperation; and (b) conduct the search in a private area or an area that provides reasonable privacy for the person.
Searching people other than detainees Part 7.6 (3) The youth detention officer may conduct a frisk search of the person only if— (a) the person is of the same sex as the officer; or (b) if that is not the case—another person of the same sex as the person to be searched is present while the search is being conducted. (4) The other person mentioned in subsection (3) (b) must not be a young (5) Part 7.8 (Searches—use of force) does not apply to a search under this section.
Part 7.7 Searches of premises and property Part 7.7 Searches of premises and property 275 Searches—premises and property generally (1) The director-general may, at any time, direct a youth detention officer to search— (a) any part of a detention place; or (b) anything at a detention place, including anything in the custody or possession of anyone at a detention place; or (c) any vehicle used for transporting a young detainee. Examples—searches a search of any of the following for a prohibited thing: (a) any area or building or part of a building (including a cell) at a detention place; (b) any storage area, including an area used by young detainees or authorised people, at a detention place; (c) any vehicle, machinery or equipment at a detention place (2) However, this section does not authorise a search of— (a) anyone at a detention place; or (b) any clothing being worn at the time of the search by someone at a detention place. search includes search— (a) with a device using electronic or other technology; and (b) by physical means; and (c) with the assistance of a search dog.