Corrections Regulations 2019

For the purposes of section 45(1)(b) of the Act, the Governor may direct a prison officer to conduct a strip search of a person (other than a prisoner) if the Governor believes on reasonable grounds that the person is concealing an unauthorised article or substance or any thing that may—

be used to intimidate another person; or

be used to commit a criminal offence or a prison offence; or

pose a risk to the security or good order of the prison; or

pose a risk to the safety of any person at the prison.

A strip search of a person (other than a prisoner)—

must be conducted by at least two prison officers; and

must not be conducted by more prison officers than is reasonably necessary to ensure the safety of the officers and the person being searched.

Prison officers conducting a strip search of a person (other than a prisoner) must ensure that—

the strip search is conducted as expeditiously as possible to minimise the impact on the dignity and self-respect of the person being searched; and

the strip search is conducted in a private place or an area that—

provides reasonable privacy for the person being searched; and

is only in the presence or sight of any person necessary to ensure the safety of prison officers and the person; and

the strip search does not involve the touching of the person's body; and

the person is allowed to dress in private immediately after the strip search is finished; and

if the person's clothing is seized during a strip search, the person is provided with appropriate clothing to wear after the strip search is finished; and

subject to subregulations (4) and (5), the person is searched by prison officers—

if the person identifies as being of a particular gender, of that gender; or

if the person requests that the prison officers be of a different gender, of that different gender.

A strip search of a person (other than a prisoner) may be conducted by one or more prison officers of a different gender to the gender that the person identifies with, if the Governor—

determines that the search is urgently required and two or more prison officers of the gender that the person identifies with are unavailable to conduct the search; or

believes on reasonable grounds that it is necessary for the search to be conducted by one or more prison officers of a different gender to the gender that the person identifies with, for the safety of any person involved in the search.

If a person (other than a prisoner) makes a request under subregulation (3)(f)(ii), a strip search of the person may be conducted by one or more prison officers of a different gender to the gender requested by the prisoner, if the Governor—

determines that the search is urgently required and two or more prison officers of the gender requested by the prisoner are unavailable to conduct the search; or

believes on reasonable grounds that it is necessary for the search to be conducted by one or more prison officers of a different gender to the gender requested by the prisoner, for the safety or wellbeing of any person involved in the search.

The Governor must keep a register in relation to strip searches of persons conducted in the prison that includes the following information—

the name of the person searched;

the names of any person present in accordance with regulation 89(3);

the reason for the search;

the date and time the search was conducted;

the names of the prison officers present at any time during the search;

details of anything seized during the search.