25EConduct of searches

25E Conduct of searches

[Section 25E of Part 3 Inserted by No. 14 of 2022, s. 6, Applied:01 Dec 2022]

(1)  A search officer must not conduct a search of a youth unless the search officer believes on reasonable grounds that –

(a) the search is necessary for a relevant search purpose; and

(b) the type of search, and the manner of search, are proportionate to the circumstances.

(2)  A search officer conducting a search of a youth must ensure, as far as practicable, that –

(a) the search is conducted in a manner that –

(i) is, to the extent possible, consistent with retaining the youth’s dignity and self-respect; and

(ii) minimises any trauma, distress or harm that may be caused to the youth by the conduct of the search; and

(b) the search is the least intrusive type of search that is necessary and reasonable to achieve a relevant search purpose for which the search is conducted; and

(c) the search is conducted in the least intrusive manner that is necessary and reasonable to achieve a relevant search purpose for which the search is conducted; and

(d) the search is completed as quickly as is reasonably possible, consistent with achieving a relevant search purpose for which the search is conducted; and

(e) the search is conducted in circumstances that accord reasonable privacy to the youth being searched; and

(f) the search officer does not remove, or require the youth to remove, more clothing than is necessary and reasonable to achieve a relevant search purpose for which the search is conducted; and

(g) if clothing of the youth is seized during the conduct of a search of the youth, the youth is, after the search is completed, left with, or provided with, adequate clothing to wear.

(3)  In determining for the purposes of subsection (2)(a) the manner in which a search is to be conducted, the search officer conducting the search must consider –