New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 253I

253I Powers of correctional officers

(1) Power to stop, detain and search persons and vehicles in place of detention A correctional officer may stop, detain and search--

(a) a person in a place of detention, and anything in the possession of or under the control of the person, or

(b) a vehicle in a place of detention.

In this subsection,
"place of detention" does not include a residential facility.

(2) Power to stop, detain and search persons and vehicles in immediate vicinity of place of detention A correctional officer may stop, detain and search--

(a) a person in a residential facility or in the immediate vicinity of a place of detention, and anything in the possession of or under the control of the person, if the correctional officer suspects on reasonable grounds that the person has in his or her possession or under his or her control anything that has been used, is being used or is intended to be used in or in connection with the commission of a relevant offence, or

(b) a vehicle in a residential facility or in the immediate vicinity of a place of detention, if the correctional officer suspects on reasonable grounds that--

(i) the vehicle contains anything that has been used, is being used or is intended to be used in or in connection with the commission of a relevant offence, or

(ii) the vehicle has been used, is being used or is intended to be used in or in connection with the commission of a relevant offence.

(3) Power to detain for purpose of search by police A correctional officer who stops and detains a person or a vehicle under this section (whether or not the correctional officer searches the person or vehicle), and who suspects on reasonable grounds that--

(a) the person has in his or her possession or under his or her control anything that has been used, is being used or is intended to be used in or in connection with the commission of a relevant offence, or

(b) the vehicle--

(i) contains anything that has been used, is being used or is intended to be used in or in connection with the commission of a relevant offence, or

(ii) has been used, is being used or is intended to be used in or in connection with the commission of a relevant offence,

may request a police officer to conduct a search or a further search of the person or vehicle, and may detain the person or vehicle while waiting for the arrival of a police officer at the place where the person or vehicle is being detained for the police officer to conduct the search.

(4) Request to police to be made as soon as practicable A request to a police officer under subsection (3) must be made as soon as practicable after the correctional officer stops and detains the person or vehicle, or searches the person or vehicle.

(5) Power of correctional officer to seize things A correctional officer may seize all or part of a thing that the correctional officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence found as a result of a search under this section.

(6) Power to arrest In respect of a relevant offence, the powers of arrest of a police officer may be exercised by a correctional officer.

(7) Arrested person to be taken to police or to authorised officer (within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002) A correctional officer who arrests a person under this section must, as soon as practicable, take the person, and any property found on the person--

(a) to a police officer, or

(b) before an authorised officer (within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 ) to be dealt with according to law.

(8) Nothing in this section prevents the powers that may be exercised in relation to a person from being exercised in relation to a correctional officer.