General provisions about searches of persons
100 General provisions about searches of persons
An authorised commission officer lawfully searching a person under this Act must—
ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and
take reasonable care to protect the person’s dignity; and
unless an immediate and more thorough search of the person is necessary, restrict a search of the person in public to an examination of outer clothing; and
if a more thorough search of the person is necessary but does not have to be conducted immediately, conduct a more thorough search of the person out of public view, for example, in a room of a shop or, if a police station is nearby, in the police station.Example for paragraph (c)—A more thorough search may be immediately necessary because the officer reasonably suspects the person to be searched may have a bomb strapped to the person’s body or has a concealed firearm or knife.
This Act’s bill:Explanatory memorandum
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