90Strip searches of persons (other than prisoners) in a prison—general requirements

90 Strip searches of persons (other than prisoners) in a prison—general requirements

(1) For the purposes of section 45(1)(b) of the Act, the Governor may direct a prison officer to conduct a strip search of a person (other than a prisoner) if the Governor believes on reasonable grounds that the person is concealing an unauthorised article or substance or any thing that may—

(a) be used to intimidate another person; or

(b) be used to commit a criminal offence or a prison offence; or

(c) pose a risk to the security or good order of the prison; or

(d) pose a risk to the safety of any person at the prison.

(2) A strip search of a person (other than a prisoner)—

(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 person being searched.

(3) Prison officers conducting a strip search of a person (other than a prisoner) must ensure that—

(a) the strip search is conducted as expeditiously as possible to minimise the impact on the dignity and self-respect of the person being searched; and

(b) the strip search is conducted in a private place or an area that—

(i) provides reasonable privacy for the person being searched; and

(ii) is only in the presence or sight of any person necessary to ensure the safety of prison officers and the person; and

(c) the strip search does not involve the touching of the person's body; and

(d) the person is allowed to dress in private immediately after the strip search is finished; and

(e) if the person's clothing is seized during a strip search, the person is provided with appropriate clothing to wear after the strip search is finished; and

(f) subject to subregulations (4) and (5), the person is searched by prison officers—

(i) if the person identifies as being of a particular gender, of that gender; or

(ii) if the person requests that the prison officers be of a different gender, of that different gender.

(4) A strip search of a person (other than a prisoner) may be conducted by one or more prison officers of a different gender to the gender that the person identifies with, if the Governor—

(a) determines that the search is urgently required and two or more prison officers of the gender that the person 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 person identifies with, for the safety of any person involved in the search.