Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 226

    (1)     If—

        (a)     a person has been brought to a police station following arrest for an offence; and

        (b)     an ordinary search of the person has not been conducted;

a police officer may conduct an ordinary search of the person.

    (2)     If—

        (a)     a person is in lawful custody in a police station; and

        (b)     a police officer—

              (i)     of the rank of sergeant or higher; or

              (ii)     who is for the time being in charge of the police station;

suspects on reasonable grounds that it is prudent to do so to ascertain whether the person is carrying any evidential material in relation to any offence or seizable items;

the police officer may cause a frisk search or an ordinary search of the person to be conducted.

    (3)     If a person is searched under this section and as a result of the search is found to be carrying—

        (a)     evidential material in relation to any offence; or

        (b)     a seizable item;

the police officer conducting the search may seize that thing.

    (4)     If a person is searched under this section, the police officer who conducts or causes the search to be conducted shall make a record of the reasons for the search and of the type of search.