211Search warrants—restrictions on personal searches

211 Search warrants—restrictions on personal searches (1) A search warrant cannot authorise a strip search or a search of a person’s body cavities. (2) If a search warrant authorises an ordinary search or frisk search of a person— (a) a different search from the search authorised must not be done under the warrant; and (b) the search must be conducted by a person of the same sex as the person being searched. (3) However, if a transgender or intersex person is searched, the person may require that the search be conducted by either a male or a female. (4) If the transgender or intersex person requires that the search be conducted by a male, the person is taken, for this section, to be male. (5) If the transgender or intersex person requires that the search be conducted by a female, the person is taken, for this section, to be female.

(6) A person assisting who is not a police officer must not take part in searching a person. (7) In this section: strip search means a search of a person or of articles in the possession of a person, which may include 1 or more of the following: (a) requiring the person to remove all of the person’s clothing; (b) an examination of the person’s body (but not of the person’s body cavities) and of those clothes.