253JConduct of search

#### 253J Conduct of search 253J Conduct of search > > (1) A correctional officer, in conducting a search under section 253I, may direct a person to do any or all of the following— > > > > > (a) to submit to scanning by means of an electronic scanning device, > > > > > (b) to empty the pockets of the person’s clothing, > > > > > (c) to remove any hat, gloves, coat, jacket or shoes worn by the person, > > > > > (d) to empty the contents of any bag or other thing, or to open any thing, that the person has with him or her, or has left in a vehicle, > > > > > (e) in the case of a visitor to the place of detention—to make available for inspection and search any item stored in a storage facility allocated to the visitor, > > > > > (f) in the case of a correctional officer or a non-correctional member of staff—to make available for inspection and search any room or locker that is under the officer’s or member of staff’s control at the place of detention, > > > > > (g) in the case of an adult accompanying a child or a person who has impaired intellectual functioning—to assist the child or person to co-operate with a search. > > > (2) A correctional officer, in conducting a search under section 253I, may direct a person to produce— > > > > > (a) anything that the correctional officer has detected or seen during the search on or with the person, or in a vehicle in which the person is or was present, and has reasonable grounds to suspect may provide evidence of the commission of a relevant offence, or > > > > > (b) anything detected during the search by an electronic detection device, or > > > > > (c) anything indicated by a dog reacting positively to its presence. > > > (3) In conducting a search of a person under section 253I, a correctional officer— > > > > > (a) must conduct the search with due regard to dignity and self-respect and in as seemly a manner as is consistent with the conduct of an effective search, and > > > > > (b) must not direct a person to remove any item of clothing being worn by the person, other than a hat, gloves, coat, jacket or shoes, and > > > > > (c) must not search a person by running the officer’s hands over the person’s clothing. > > > (4) A search of a person conducted by a correctional officer under section 253I must, if practicable, be conducted by a correctional officer of the same sex as the person being searched. > > > (5) A search of a child or of a person who has impaired intellectual functioning must be conducted in the presence of— > > > > > (a) an adult who accompanied the child or the person to the place of detention (or its immediate vicinity), or > > > > > (b) if there is no such adult—a search observation staff member. > > > (6) Regulations may be made for or with respect to the manner in which correctional officers are to conduct searches under section 253I. > > **s 253J:** Ins 2016 No 47, Sch 1 \[14\]. Am 2018 No 74, Sch 1 \[6\]; 2019 No 20, Sch 1.7\[2\].