Forensic Procedures Act 2000

The Police Offences Act 1935 is amended as follows:

by inserting in the long title "and to provide for certain police powers" after "tanners";

by inserting the following section after section 58A in Division II:Search of accused person in custody If a police officer believes on reasonable grounds that it is necessary to search a person who is in lawful custody after having been arrested for an offence against any Act, a police officer may search that person – for the purpose of ascertaining whether there is concealed on that person or in that person's clothing a weapon or other article capable of being used to inflict injury or to assist that person to escape from custody; or for the purpose of obtaining evidence relating to the commission of the offence or preventing the loss or destruction of such evidence. Subsection (1)(b) does not authorise a police officer to require a person to remove any of his or her clothing unless the offence with which the person has been charged is of such a nature or is alleged to have been committed under such circumstances that there are reasonable grounds for believing that the removal and examination or detention of the clothing may afford evidence of the commission of the offence. A police officer may take and retain – a weapon or other article referred to in subsection (1)(a); and an article of clothing or other thing which may afford evidence of the commission of the offence – if the weapon, article, article of clothing or other thing is found as a result of a search made in accordance with subsection (1). A police officer may use such force as is reasonably necessary for the purposes of exercising powers under this section. Nothing in this section prevents a search of a person in lawful custody in any circumstances where it is otherwise lawful to search the person.

The amendments effected by this section have been incorporated into the authorised version of the Police Offences Act 1935.