86Strip searches of prisoners—general requirements

86 Strip searches of prisoners—general requirements (1) A strip search— (a) must be conducted by at least two prison officers; and (b) must not be conducted by more prison officers than is reasonably necessary to ensure the safety of the officers and the prisoner. (2) Prison officers conducting a strip search of a prisoner must ensure that— (a) the strip search is conducted as expeditiously as possible to minimise the impact on the prisoner's dignity and self-respect; and (b) any unnecessary force is avoided; and (c) the strip search is conducted in a private place or an area that— (i) provides reasonable privacy for the prisoner being searched; and (ii) is only in the presence or sight of a person who is necessary to ensure the safety of prison officers conducting the strip search and the prisoner being searched; and (d) subject to section 23(2) of the Act, the strip search does not involve the touching of the prisoner's body; and Reg. 86(2)(e) substituted by S.R. No. 118/2025 reg. 6(1). (e) the prisoner is allowed to dress immediately after a strip search is conducted; and Reg. 86(2)(ea) inserted by S.R. No. 118/2025 reg. 6(1). (ea) the prisoner is allowed to dress in private after a strip search is conducted unless the prison officer believes on reasonable grounds that allowing the prisoner to dress in private may threaten— (i) the safe custody or welfare of the prisoner; or (ii) the security or good order of the prison; and (f) if the prisoner's clothing is seized during a strip search, the prisoner is provided with appropriate clothing to wear after the strip search is finished; and (g) subject to subregulations (3) and (4), the prisoner is searched by prison officers— (i) if the prisoner identifies as being of a particular gender, of that gender; or (ii) if the prisoner requests that the prison officers be of a different gender, of that different gender. (3) A strip search of a prisoner may be conducted by one or more prison officers of a different gender to the gender that the prisoner identifies with, if the Governor— (a) determines that the search is urgently required and two or more prison officers of the gender that the prisoner identifies with are unavailable to conduct the search; or (b) believes on reasonable grounds that it is necessary for the search to be conducted by one or more prison officers of a different gender to the gender that the prisoner identifies with, for the safety or wellbeing of any person involved in the search. (4) If a prisoner makes a request under subregulation (2)(g)(ii), a strip search of the prisoner may be conducted by one or more prison officers of a different gender to the gender requested by the prisoner, if the Governor— (a) determines that the search is urgently required and two or more prison officers of the gender requested by the prisoner are unavailable to conduct the search; or (b) believes on reasonable grounds that it is necessary for the search to be conducted by one or more prison officers of a different gender to the gender requested by the prisoner, for the safety or wellbeing of any person involved in the search. (5) The Governor must keep a register in relation to strip searches of prisoners conducted in the prison that includes the following information— (a) the name of the prisoner searched; (b) the reason for the search; (c) the date and time the search was conducted; (d) the names of the prison officers present at any time during the search; Reg. 86(5)(da) inserted by S.R. No. 118/2025 reg. 6(2). (da) if the prisoner was not allowed to dress in private after the search was conducted, the reason for not allowing the prisoner to dress in private; (e) details of anything seized during the search.