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Crimes Act 1900
228Rules for conduct of strip search
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228 Rules for conduct of strip search
(1) A strip search—
(a) shall be conducted in a private area; and
(b) subject to subsection (6), shall be conducted by a police officer
who is of the same sex as the person being searched; and
(c) subject to subsections (3) and (4), shall not be conducted in the
presence or view of a person who is of the opposite sex to the
person being searched; and
(d) shall not be conducted in the presence or view of a person whose
presence is not necessary for the purposes of the search; and
(e) shall not be conducted on a person who is under the age of
criminal responsibility; and
(f) if the person being searched is not under the age of criminal
responsibility for the offence for which the person is arrested but
is under 18 years old, or is incapable of managing his or her
affairs—
(i) may only be conducted if the person has been arrested and
charged or if a court orders that it be conducted; and
(ii) shall be conducted in the presence of a parent or guardian
of the person being searched or, if that is not acceptable to
the person, in the presence of another person (other than a
police officer) who is capable of representing the interests
of the person and who, as far as is practicable in the
circumstances, is acceptable to the person; and
(g) shall not involve a search of a person’s body cavities; and
(h) shall not involve the removal of more garments than the police
officer conducting the search believes on reasonable grounds to
be necessary to determine whether the person has in his or her
possession the item searched for or to establish the person’s
involvement in the offence; and
(i) shall not involve more visual inspection than the police officer
believes on reasonable grounds to be necessary to establish the
person’s involvement in the offence.
(2) In deciding whether to make an order referred to in subsection (1) (f),
the court shall have regard to—
(a) the seriousness of the offence; and
(b) the age or any disability of the person; and
(c) any other matters the court thinks fit.
(3) A strip search may be conducted in the presence of a medical
practitioner of the opposite sex to the person searched if a medical
practitioner of the same sex as the person being searched is not
available within a reasonable time.
(4) Subsection (1) (c) does not apply to a parent, guardian or personal
representative of the person being searched if the person being
searched has no objection to the person being present.
(5) If any of a person’s garments are seized as a result of a strip search,
the person shall be provided with adequate clothing.
(6) If a strip search of a person is to be conducted and no police officer
of the same sex as that person is available to conduct the search, any
other person—
(a) of the same sex as the person to be searched; and
(b) who has been requested to conduct the search by a police officer;
may conduct the search.
(7) No action or proceeding, civil or criminal, lies against a person who
conducts a strip search under a request under subsection (6) in respect
of a strip search that would have been lawful if conducted by a police
officer.