104CSearch powers

104C Search powers

S. 104C(1) amended by No. 59/2015
s. 19(1), substituted by No. 45/2017 s. 37(1).

(1) For the good order or security of a police gaol or detained persons—

(a) the officer in charge of the police gaol may, at any time—

(i) exercise any of the powers under subsection (1A) or (1B); or

(ii) order a police custody officer supervisor to exercise any of the powers under subsection (1A) or (1B); or

(iii) order a police officer or a police custody officer to exercise any of the powers under subsection (1A) or (1B); or

(b) a police custody officer supervisor may, at any time—

(i) exercise any of the powers under subsection (1A); or

(ii) order a police custody officer to exercise any of the powers under subsection (1A).

S. 104C(1A) inserted by No. 45/2017 s. 37(1).

(1A) In conducting a search under subsection (1), the officer in charge of a police gaol, a police custody officer supervisor, a police officer or a police custody officer may—

(a) search any part of the police gaol; or

(b) search and examine any charged person, a visitor to the police gaol, a police custody officer or any other person in the police gaol (other than a police officer); or

(c) search and examine any thing in the police gaol or held by Victoria Police on behalf of a detained person; or

(d) as well as the formal search required by section 104B, require a person wishing to enter a police gaol to submit to a search and examination of the person and of any thing in the person's possession or under the person's control; or

(e) conduct any search under paragraph (a), (b), (c) or (d) at random.

S. 104C(1B) inserted by No. 45/2017 s. 37(1).

(1B) In conducting a search under subsection (1)(a), the officer in charge of a police gaol, a police custody officer supervisor, a police officer or a police custody officer may—

(a) search and examine a police officer; or

(b) conduct a search under paragraph (a) at random.

S. 104C(2) amended by No. 45/2017 s. 37(2).

(2) Subsection (1A)(b) and (c) do not apply to a visitor to a police gaol or person wishing to enter a police gaol who is—

(a) a judge of the Supreme Court or County Court; or

(b) a magistrate; or

(c) a relative or friend of a detained person; or

S. 104C(2)(d) amended by No. 48/2006 s. 42(Sch. item 8.6).

(d) visiting a detained person who is a child within the meaning of the Children, Youth and Families Act 2005.