85 Rub-down search of arrested or detained person

(1)

A person to whom this subpart applies may carry out a rub-down search of a person, in accordance with this section, when the person is arrested, or detained under a statutory power of detention, in order to ensure that the person is not carrying anything that may be used—

(a)

to harm any person; or

(b)

to facilitate the person’s escape.

(2)

For the purposes of this section and sections 86 and 87, a rub-down search means a search of a clothed person in which the person conducting the search may do any or all 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 the underclothing) of that person:

(b)

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

(c)

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

(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.