Subpart 3—Warrantless searches of people who are to be locked up in Police custody

11 Warrantless searches of people who are, or are to be, locked up in Police custody

(1)

This section applies to any person who—

(a)

has been taken into lawful custody; and

(b)

is—

(i)

at a Police station; or

(ii)

in other premises, or is in, or about to be placed in, a vehicle, being used for Police purposes; and

(c)

is, or is to be, locked up (whether pending a decision as to bail under section 21 of the Bail Act 2000, or in any other circumstances).

(2)

A constable, or a searcher used in accordance with section 12, may conduct a search of a person to whom this section applies before that person is locked up.

(3)

A constable, or a searcher used in accordance with section 12, may conduct a search of a person after the person is locked up if—

(a)

the person has not been searched under subsection (2); or

(b)

the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to a person who was not locked up in Police custody (other than an enforcement officer or a searcher); or

(c)

the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to another person who was eligible to be searched under this subsection but was not searched; or

(d)

there are reasonable grounds to believe that the person is in possession of anything that may be used to harm himself or herself or others.

(4)

A constable or searcher may take from the person subject to a search under this section any money or other property found during the search.

Compare: 2008 No 72 s 37