Searching of prisoners and other persons

89 Definition of rub-down search

(1)

For the purposes of this Act, a rub-down search means a search of a clothed person in which the person conducting the search may do all or any of the following:

(a)

run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:

(b)

insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:

(c)

for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely—

(i)

open his or her mouth:

(ii)

display the palms of his or her hands:

(iii)

display the soles of his or her feet:

(iv)

lift or rub his or her hair.

(2)

For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of subsection (1), the person conducting a rub-down search may require the person being searched—

(a)

to remove, raise, lower, or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, except where that person has no other clothing, or only underclothing, under that outer clothing; and

(b)

to remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.

(3)

Authority to conduct a rub-down search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.

Compare: 1954 No 51 s 21D