Part 14Prisoners

Part 14—Prisoners 81—Interpretation In this Part, unless the contrary intention appears— Metropolitan Adelaide has the same meaning as in the Development Act 1993; officer in charge, in relation to a police station, means the member of SA Police who is for the time being in charge of the police station; police station means a police station at which cell facilities are available for the continuous care and custody of a person accepted into custody at the police station; prisoner means a person accepted into custody at a police station; responsible officer, in relation to a police station, means— (a) the officer in charge of the police station; or (b) if a member of SA Police has, for the time being, been designated by the officer in charge of the police station as the officer with responsibility for prisoners at the police station—that officer. 82—Search of prisoners (1) Immediately after a prisoner is accepted into custody at a police station on a charge of committing an offence, the responsible officer for the police station must cause the prisoner to be searched in accordance with these regulations and general or special orders. (2) A search of a prisoner must, wherever practicable, be made by a person of the same sex as the prisoner. (3) The person searching a prisoner must remove from the prisoner everything that might— (a) assist the prisoner to escape; or (b) be used to cause injury or harm to the prisoner or any other person; or (c) be used to damage property. (4) If a prisoner objects to the retention by SA Police of an article taken from the prisoner and the responsible officer for the police station considers that there is no valid reason for its retention, the article may be returned to the prisoner. 83—Property taken from prisoners (1) If money or other property is removed from a prisoner, the responsible officer for the police station must— (a) cause a written record to be made of, and a receipt issued for, the money or other property; and (b) request the prisoner to check and sign the written record. (2) If a prisoner is unable or refuses to sign the record referred to in subregulation (1), the responsible officer for the police station must make a note on the record of that fact and the reason for that inability or refusal. (3) Money or other property removed from a prisoner must be kept and stored in the manner directed by the Commissioner. 84—Illness or injury of prisoners If it is necessary to obtain medical assistance for a prisoner at a police station who is ill or injured, the responsible officer for the police station— (a) must, if practicable, cause the prisoner to be conveyed to an incorporated hospital within the meaning of the Health Care Act 2008; or (b) if that is not practicable, must cause the prisoner to be attended by a police medical officer or other legally qualified medical practitioner. 85—Legal, medical and other assistance for prisoners (1) The responsible officer for a police station must afford a prisoner every reasonable facility necessary— (a) to enable compliance with the requirements of the Bail Act 1985, the Summary Offences Act 1953, the Young Offenders Act 1993 or any other Act or law concerning persons in the custody of SA Police; and (b) to obtain private legal or medical advice; and (c) in the case of a prisoner who is a national or a citizen of a foreign country—to meet a consular officer or other person acting as a representative of the government of that country. (2) If a prisoner requests that he or she be examined by a specified medical practitioner and refuses any other medical examination offered to the prisoner in accordance with these regulations— (a) the responsible officer for the police station must take all reasonable steps to secure the attendance of the medical practitioner; and (b) the examination must take place at a police station; and (c) wherever practicable, the responsible officer must ensure that there is present at the examination— (i) a police medical officer (if the examination takes place within Metropolitan Adelaide); or (ii) a member of SA Police or police security officer of the same sex as the prisoner (if a police medical officer is unable to be present or the examination takes place outside Metropolitan Adelaide). 86—Liability for payment of medical expenses (1) If a medical practitioner other than a police medical officer attends a prisoner under this Part, any amount payable for that attendance that is not covered by a medical benefit scheme is payable— (a) where a specified medical practitioner requested by the prisoner attends the prisoner after other treatment is offered to the prisoner in accordance with these regulations but is refused—by the prisoner; (b) in any other case—by the department (if the prisoner does not agree to pay the amount). (2) Where these regulations specify that a prisoner is to be liable for the payment of an amount in respect of the attendance of a medical practitioner, the responsible officer must ensure that both the prisoner and the medical practitioner concerned are informed of that fact prior to any such attendance. 87—Interviews with prisoners No person may interview a prisoner in custody at a police station without the consent of the responsible officer.