Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3ZH

  (1)   If a person who has been arrested for an offence is brought to a police station, a constable may:

  (a)   if an ordinary search of the person has not been conducted--conduct an ordinary search of the person; or

  (b)   subject to this section, conduct a strip search of the person.

  (2)   A strip search may be conducted if:

  (a)   a constable suspects on reasonable grounds that the person has in his or her possession:

  (i)   a seizable item; or

  (ii)   evidential material (other than forensic material as defined in Part   ID) in relation to that or another offence; and

  (b)   the constable suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item or evidential material; and

  (c)   a constable of the rank of superintendent or higher has approved the conduct of the search.

  (2A)   If:

  (a)   in the course of carrying out a strip search, the constable comes to believe on reasonable grounds that the carrying out of a forensic procedure would be likely to produce evidence relating to the offence for which the person has been arrested or any other offence; and

  (b)   Part   ID provides for the carrying out of such a forensic procedure;

the forensic procedure must not be carried out except in accordance with Part   ID.

  (2B)   The conducting of a strip search may include taking photographs of evidential material found on the person, whether or not taking photographs is a forensic procedure provided for by Part   ID.

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

  (3A)   Subsection   (3) does not authorise the conduct of a strip search for the purpose of obtaining forensic material as defined in Part   ID. Such a search must not be conducted except in accordance with Part   ID.

  (4)   Subject to section   3ZI, 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, telex, fax or other electronic means.

  (6)   A constable who gives or refuses to give an approval for the purposes of paragraph   (2)(c) must make a record of the decision and of the reasons for the decision.

  (7)   Such force as 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 paragraph   (2)(a) that is found during a strip search may be seized.