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Confiscation of Criminal Assets Act 2003
211Search warrants—restrictions on personal searches
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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.