13Search and seizure upon arrest

#### 13 Search and seizure upon arrest (1) Where a police officer: (a) arrests a person under an extradition arrest warrant; and (b) has reasonable grounds for suspecting that property in the vicinity of the person that is under the apparent control of the person: (i) may be material as evidence in proving any offence in relation to which the warrant was issued or for which surrender of the person is sought by the extradition country concerned; or (ii) has been acquired by the person as a result of such an offence; the police officer may seize that property. (2) Where a police officer: (a) arrests a person under an extradition arrest warrant; and (b) has reasonable grounds for suspecting that there is on the person, in the clothing that the person is wearing or in or on any property in the vicinity of the person that is under the apparent control of the person, any thing, including a sum of money: (i) that may be material as evidence in proving any offence in relation to which the warrant was issued or for which surrender of the person is sought by the extradition country concerned; or (ii) that has been acquired by the person as a result of such an offence; the police officer may search that person, that person’s clothing or that property, and may seize any thing found as a result of that search. (3) Subsection (2) does not authorise a police officer to remove, or to require the person to remove, any of the clothing that the person is wearing. (4) A person shall not be searched under subsection (2) except by a police officer of the same sex. (5) A police officer may retain any property or thing seized under subsection (1) or (2) pending any direction from the Attorney‑General as to the manner in which the thing is to be dealt with. (6) Nothing in this section shall be taken to prevent or restrict the search of a person or of clothing worn by, or of property under the immediate control of, a person, upon the admission of the person as an inmate of a prison after having been charged with an offence. (7) The powers conferred by this section are in addition to, and not in derogation of, any other powers conferred by law. (8) If a direction under subsection (5) is given in writing, the direction is not a legislative instrument.