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**. S. 104C(3) amended by Nos 59/2015 s. 19(2), 45/2017 s. 37(3). (3) The officer in charge of a police gaol may search or examine or order a police officer, a police custody officer supervisor or a police custody officer to search or examine a detained person (other than a charged person) if the officer in charge believes on reasonable grounds that the search or examination is necessary— (a) for the security or good order of the police gaol; or (b) for the safety of persons at the police gaol (whether in custody or not); or (c) to locate a weapon, or any thing that may be used in the escape of a person from a police gaol; or (d) to locate any thing connected with, or affording evidence of, the commission of the offence for which the person is detained in the police gaol. S. 104C(3A) inserted by No. 45/2017 s. 37(4). (3A) A police custody officer supervisor may search or examine or order a police custody officer to search or examine a detained person (other than a charged person) if the police custody officer supervisor believes on reasonable grounds that the search or examination is necessary— (a) for the security or good order of the police gaol; or (b) for the safety of persons at the police gaol (whether in custody or not); or (c) to locate a weapon, or any thing that may be used in the escape of a person from a police gaol; or (d) to locate any thing connected with, or affording evidence of, the commission of the offence for which the person is detained in the police gaol. S. 104C(4) amended by Nos 59/2015 s. 19(3), 45/2017 s. 37(5). (4) If a person, other than a detained person, a police officer or a police custody officer, refuses to submit to be searched under this section while inside the police gaol, the officer in charge of the police gaol or a police custody officer supervisor (as the case requires) may order the person to leave the police gaol immediately. (5) A person must comply with an order under subsection (4). S. 104C(6) amended by No. 45/2017 s. 37(6). (6) The officer in charge of a police gaol or a police custody officer supervisor (as the case requires) may at any time make an order terminating a search under this section. S. 104C(7) inserted by No. 45/2017 s. 37(7). (7) The officer in charge of a police gaol may overturn a decision of a police custody officer supervisor under subsection (1)(b) or (3A) and decide the matter. S. 104D inserted by No. 45/1996