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]

(1)  [Section 58B Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] 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] 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] Subsection (1)(b) 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] A police officer may take and retain –

(a) any weapon or article found as a result of the search under subsection (1)(a) ; and

(b) any article of clothing removed under subsection (2) .

(4)  A police officer may use such force as is reasonably necessary for the purposes of exercising powers under this section.