QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.631Special requirements for searching children and persons with impaired capacity
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### sec.631 Special requirements for searching children and persons with impaired capacity
If a person to be searched is a child, or a person with impaired capacity, who may not be able to understand the purpose of the search, the police officer must conduct the search in the presence of a support person.
However, the police officer may search the person in the absence of a support person if the police officer reasonably suspects—
delaying the search is likely to result in evidence being concealed or destroyed; or
an immediate search is necessary to protect the safety of a person.
s 631 (prev s 325) renum 2000 No. 22 s 22
(sec.631-ssec.1) If a person to be searched is a child, or a person with impaired capacity, who may not be able to understand the purpose of the search, the police officer must conduct the search in the presence of a support person.
(sec.631-ssec.2) However, the police officer may search the person in the absence of a support person if the police officer reasonably suspects— delaying the search is likely to result in evidence being concealed or destroyed; or an immediate search is necessary to protect the safety of a person.
- (a) delaying the search is likely to result in evidence being concealed or destroyed; or
- (b) an immediate search is necessary to protect the safety of a person.