QLDIn ForceAct
Corrective Services Act 2006
sec.38Requirements for search requiring the removal of clothing
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### sec.38 Requirements for search requiring the removal of clothing
A search requiring the removal of clothing of a prisoner must be carried out by at least 2 corrective services officers, but by no more officers than are reasonably necessary to carry out the search.
Before carrying out the search, one of the corrective services officers must tell the prisoner—
that the prisoner will be required to remove the prisoner’s clothing during the search; and
why it is necessary to remove the clothing.
A corrective services officer carrying out the search—
must ensure, as far as reasonably practicable, that the way in which the prisoner is searched causes minimal embarrassment to the prisoner; and
must take reasonable care to protect the prisoner’s dignity; and
must carry out the search as quickly as reasonably practicable; and
must allow the prisoner to dress as soon as the search is finished.
A corrective services officer carrying out the search must, if reasonably practicable, give the prisoner the opportunity to remain partly clothed during the search, including, for example, by allowing the prisoner to dress the prisoner’s upper body before being required to remove clothing from the lower part of the body.
If a corrective services officer seizes clothing because of the search, the officer must ensure the prisoner is left with, or given, reasonably appropriate clothing.
s 38 amd 2024 No. 25 ss 37 , 3 sch 1
(sec.38-ssec.1) A search requiring the removal of clothing of a prisoner must be carried out by at least 2 corrective services officers, but by no more officers than are reasonably necessary to carry out the search.
(sec.38-ssec.2) Before carrying out the search, one of the corrective services officers must tell the prisoner— that the prisoner will be required to remove the prisoner’s clothing during the search; and why it is necessary to remove the clothing.
(sec.38-ssec.3) A corrective services officer carrying out the search— must ensure, as far as reasonably practicable, that the way in which the prisoner is searched causes minimal embarrassment to the prisoner; and must take reasonable care to protect the prisoner’s dignity; and must carry out the search as quickly as reasonably practicable; and must allow the prisoner to dress as soon as the search is finished.
(sec.38-ssec.4) A corrective services officer carrying out the search must, if reasonably practicable, give the prisoner the opportunity to remain partly clothed during the search, including, for example, by allowing the prisoner to dress the prisoner’s upper body before being required to remove clothing from the lower part of the body.
(sec.38-ssec.5) If a corrective services officer seizes clothing because of the search, the officer must ensure the prisoner is left with, or given, reasonably appropriate clothing.
- (a) that the prisoner will be required to remove the prisoner’s clothing during the search; and
- (b) why it is necessary to remove the clothing.
- (a) must ensure, as far as reasonably practicable, that the way in which the prisoner is searched causes minimal embarrassment to the prisoner; and
- (b) must take reasonable care to protect the prisoner’s dignity; and
- (c) must carry out the search as quickly as reasonably practicable; and
- (d) must allow the prisoner to dress as soon as the search is finished.