Power to conduct an ordinary search or strip search
71 Power to conduct an ordinary search or strip search
If a person who has been arrested under this Act or pursuant to a warrant issued under this Act is brought to a police station, a police officer may:
if an ordinary search of the person has not been conducted—conduct an ordinary search of the person; or
subject to this section, conduct a strip search of the person.
A strip search may be conducted if:
a police officer suspects on reasonable grounds that:
the person has in his or her possession evidential material relating to the Tribunal offence to which the person’s custody relates; or
the person has in his or her possession a seizable item; or
a visual inspection of the person’s body will provide evidence of the person’s involvement in that offence; and
the police officer suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that thing or to discover that evidence; and
a police officer of the rank of superintendent or higher has approved the conduct of the search.
Subject to section 72, a strip search may also be conducted if the person consents in writing.
Subject to section 72, a strip search may be conducted in the presence of a medical practitioner who may assist in the search.
The approval may be obtained by telephone, telex, fax or other electronic means.
A police officer who gives or refuses to give an approval for the purposes of paragraph (2)(c) must make a record of the decision and of the reasons for the decision.
Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).
Any item of a kind referred to in subparagraph (2)(a)(i) or (ii) that is found during a strip search may be seized.
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