VICIn ForceRegulation
Corrections Regulations 2019
91Searches of persons or vehicles outside but near prisons
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91 Searches of persons or vehicles outside but near prisons
(1) For the purposes of section 45(2) of the Act, a prison officer must, before requiring a person outside but near a prison to submit to a search—
(a) inform the person of the officer's authority to conduct the search; and
(b) inform the person of the reason for the search in that particular case; and
(c) record any details required by the Secretary.
(2) For the purposes of section 45(2D) of the Act, an escort officer or a police officer must, before searching or examining a person or requiring a person outside but near the prison to submit to a search—
(a) inform the person of the officer's authority to conduct the search; and
(b) inform the person of the reason for the search in that particular case; and
(c) record any details required by the Secretary.
(3) A person who is to be searched may request that a person who is accompanying the person be present during the search.
(4) For the purposes of section 45(2) and (2D) of the Act, a search of a person—
(a) does not include a strip search; and
(b) must not be conducted by more prison officers, escort officers or police officers (as the case may be) than is reasonably necessary to ensure the safety of the officers and the person being searched.
(5) For the purposes of section 45(2) and (2D) of the Act, a prison officer, an escort officer or a police officer must conduct a search of a vehicle outside but near a prison in one or more of the following ways—
(a) by examining the exterior and interior of the vehicle;
(b) by passing an electronic metal detection device over or in close proximity to the vehicle.
(6) Nothing in this regulation affects any other power a police officer may have in relation to the search of a person or vehicle.
Division 3—Concealing or leaving articles