sec.630Protecting the dignity of persons during search

### sec.630 Protecting the dignity of persons during search If reasonably practicable— the police officer must, before conducting the search— tell the person that the person will be required to remove clothing during the search; and tell the person why it is necessary to remove the clothing; and ask for the person’s cooperation; and the person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress the person’s upper body before being required to remove items of clothing from the lower part of the body. The search must be conducted in a way providing reasonable privacy for the person. Reasonable privacy may be provided by conducting the search in a way that ensures, as far as reasonably practicable, the person being searched can not be seen by anyone who does not need to be present. Also, the search must be conducted as quickly as reasonably practicable and the person searched must be allowed to dress as soon as the search is finished. The police officer conducting the search must not make physical contact with the genital and anal areas of the person searched, but may require the person to hold the person’s arms in the air or to stand with legs apart and bend forward to enable a visual examination to be made. If the police officer seizes clothing because of the search, the police officer must ensure the person is left with or given reasonably appropriate clothing. The clothing may be evidence of the commission of an offence. s 630 (prev s 324) renum 2000 No. 22 s 22 amd 2024 No. 24 ss 43 , 57 s ch 1 pt 2 (sec.630-ssec.1) If reasonably practicable— the police officer must, before conducting the search— tell the person that the person will be required to remove clothing during the search; and tell the person why it is necessary to remove the clothing; and ask for the person’s cooperation; and the person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress the person’s upper body before being required to remove items of clothing from the lower part of the body. (sec.630-ssec.2) The search must be conducted in a way providing reasonable privacy for the person. Reasonable privacy may be provided by conducting the search in a way that ensures, as far as reasonably practicable, the person being searched can not be seen by anyone who does not need to be present. (sec.630-ssec.3) Also, the search must be conducted as quickly as reasonably practicable and the person searched must be allowed to dress as soon as the search is finished. (sec.630-ssec.4) The police officer conducting the search must not make physical contact with the genital and anal areas of the person searched, but may require the person to hold the person’s arms in the air or to stand with legs apart and bend forward to enable a visual examination to be made. (sec.630-ssec.5) If the police officer seizes clothing because of the search, the police officer must ensure the person is left with or given reasonably appropriate clothing. The clothing may be evidence of the commission of an offence. - (a) the police officer must, before conducting the search— (i) tell the person that the person will be required to remove clothing during the search; and (ii) tell the person why it is necessary to remove the clothing; and (iii) ask for the person’s cooperation; and - (i) tell the person that the person will be required to remove clothing during the search; and - (ii) tell the person why it is necessary to remove the clothing; and - (iii) ask for the person’s cooperation; and - (b) the person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress the person’s upper body before being required to remove items of clothing from the lower part of the body. - (i) tell the person that the person will be required to remove clothing during the search; and - (ii) tell the person why it is necessary to remove the clothing; and - (iii) ask for the person’s cooperation; and