Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 227

Power to conduct strip search

    (1)     Subject to this section, if a person arrested for an offence is brought to a police station, a police officer may conduct a strip search of the person.

    (2)     A strip search may be conducted if—

        (a)     a police officer suspects on reasonable grounds that the person has in his or her possession—

              (i)     evidential material in relation to that or another offence; or

              (ii)     a seizable item; or

        (b)     the police officer suspects on reasonable grounds that a visual inspection of the person's body will provide evidence of the person's involvement in an offence;

and—

        (c)     the police officer suspects on reasonable grounds that it is necessary to conduct a strip search of the person to recover that thing or to discover that evidence; and

        (d)     a police officer of the rank of superintendent or higher has approved the conduct of the search.

    (3)     Subject to section 228, a strip search may also be conducted if the person consents in writing.

    (4)     Subject to section 228, a strip search may be conducted in the presence of a medical practitioner who may assist in the search.

    (5)     The approval may be obtained by telephone, fax or other electronic means.

    (6)     A police officer who gives or refuses to give an approval under subsection (2) (d) shall make a record of the decision and of the reasons for the decision.

    (7)     The force that is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).

    (8)     Any item of a kind referred to in subsection (2) (a) that is found during a strip search may be seized.



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