35
CurrentSearching detained persons
Part 3Investigation and search
Division 6Detention, search and seizure
35 Searching detained persons
(1)
When a police officer exercises his or her power to detain a person under section 33 or under a warrant under section 34, the member must ensure that if the person is searched, he or she is searched by a person of the same sex or a medical practitioner.
(2)
If a suitable person is not available to search a detained person as required by subsection (1), the police officer may:
(a)
detain the person for as long as is reasonably necessary for a suitable person to become available; and
(b)
if appropriate, convey the person to a place where a suitable person is available.
This Act’s bill:Second reading speech
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