sec.10AConduct of body search— Act , s 39A

sec.10A Conduct of body search— Act , s 39A

This section applies to a body search of a prisoner. Subject to this section, the search must be conducted in accordance with administrative procedures made under section 265 of the Act . Subject to this section— if the prisoner is detained in a women’s corrective services facility— at least 1 of the health practitioners present at the search must be a female health practitioner; and a person helping to conduct the search must be a female helper; and if the prisoner is detained in a men’s corrective services facility— at least 1 of the health practitioners present at the search must be a male health practitioner; and a person helping to conduct the search must be a male helper. The usual procedure for the search is subject to modifications accepted under section 8B . However, subsections (3) and (4) do not apply in an emergency. s 10A ins 2024 SL No. 187 s 8 (sec.10A-ssec.1) This section applies to a body search of a prisoner. (sec.10A-ssec.2) Subject to this section, the search must be conducted in accordance with administrative procedures made under section 265 of the Act . (sec.10A-ssec.3) Subject to this section— if the prisoner is detained in a women’s corrective services facility— at least 1 of the health practitioners present at the search must be a female health practitioner; and a person helping to conduct the search must be a female helper; and if the prisoner is detained in a men’s corrective services facility— at least 1 of the health practitioners present at the search must be a male health practitioner; and a person helping to conduct the search must be a male helper. (sec.10A-ssec.4) The usual procedure for the search is subject to modifications accepted under section 8B . (sec.10A-ssec.5) However, subsections (3) and (4) do not apply in an emergency.

• (a) if the prisoner is detained in a women’s corrective services facility— (i) at least 1 of the health practitioners present at the search must be a female health practitioner; and (ii) a person helping to conduct the search must be a female helper; and
• (i) at least 1 of the health practitioners present at the search must be a female health practitioner; and
• (ii) a person helping to conduct the search must be a female helper; and
• (b) if the prisoner is detained in a men’s corrective services facility— (i) at least 1 of the health practitioners present at the search must be a male health practitioner; and (ii) a person helping to conduct the search must be a male helper.
• (i) at least 1 of the health practitioners present at the search must be a male health practitioner; and
• (ii) a person helping to conduct the search must be a male helper.
• (i) at least 1 of the health practitioners present at the search must be a female health practitioner; and