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Strip searches

When can police strip search you?

Without your consent, police can strip search you after you are arrested if they have reason to suspect that you are hiding important evidence of a crime or concealing drugs/weapons and a strip search is necessary to recover that evidence.

If you are between 10 and 18 years old and are not under arrest, a parent, guardian or another adult or who isn’t a police officer should be present for the strip search. In NSW, police should tell you why you are being strip searched.

Rules for conducting strip searches:

  1. Police must strip search you in private.
  2. A police officer of the same sex should conduct the search. Should a police officer of the same sex not be available within a reasonable amount of time, any other person of the same sex may be requested by an officer to conduct the search.
  3. A medical practitioner of the opposite sex may be present for the search where someone of the same sex is not available within a reasonable time.
  4. Unless you consent, the search must not be conducted in the presence or view of a person of the opposite sex or any person whose presence is not necessary for the purposes of the search.
  5. Police may not search inside your body without a special warrant. If this happens, you should make a complaint because this sort of police action might be a criminal assault.
  6. The police should not remove any more clothing or inspect you for any longer than is reasonable to establish your involvement in an offence. 
  7. If you are under the age of 18, police should only conduct a strip search when the circumstances are serious and urgent and in the presence of a responsible adult or support person.
  8. Children under 10 years must not be strip searched.
  9. Police may not touch your body during a search.
  10. If the police ask you to take off your clothing, they must provide appropriate clothing.

 

Thanks to the team at Lawstuff for developing this fact sheet.

Last modified: 12 March 2010

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