58BSearch of accused person in custody

### 58B Search of accused person in custody > [*\[Section 58B Inserted by No. 101 of 2000, s. 67, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-101#GS67@Hpb@EN) > > > (1)  [*\[Section 58B Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja56@GC5@Hpa@EN) If a police officer believes on reasonable grounds that it is necessary to search a person who is in lawful custody, a police officer may search that person – > > > > > > (a) for the purpose of ascertaining whether there is concealed on that person or in that person's clothing a weapon or other article capable of being used to inflict injury or to assist that person to escape from custody; or > > > > > > > (ab) [*\[Section 58B Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja56@GC5@Hpb@EN) for the purpose of removing into safe keeping any other articles belonging to, or in the possession of, the person; or > > > > > > > (b) for the purpose of obtaining evidence relating to the commission of the offence or preventing the loss or destruction of such evidence. > > > (2)  [*\[Section 58B Subsection (2) substituted by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja56@GC5@Hpc@EN) [Subsection (1)(b)](#GS58B@Gs1@Hpb@EN) does not authorise a police officer to require a person to remove any clothing unless there are reasonable grounds for believing that the removal may provide evidence of the commission of an offence. > > > (3)  [*\[Section 58B Subsection (3) substituted by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja56@GC5@Hpc@EN) A police officer may take and retain – > > > > > > (a) any weapon or article found as a result of the search under [subsection (1)(a)](#GS58B@Gs1@Hpa@EN) ; and > > > > > > > (b) any article of clothing removed under [subsection (2)](#GS58B@Gs2@EN) . > > > (4)  A police officer may use such force as is reasonably necessary for the purposes of exercising powers under this section. > > > (5)  Nothing in this section prevents a search of a person in lawful custody in any circumstances where it is otherwise lawful to search the person.