Section 71Part 4 — Powers, Duties and Privileges of Police Officers
Searches of detained persons
←→ Navigate · Click subsection badges to collapse · Press ? for help
71. (1) The custody officer at a police station shall ascertain everything which a person has in that person’s possession when the person is —
brought to a station after being arrested elsewhere or after being committed to custody by an order or sentence of a court; or
arrested at the station or detained there.
The custody officer shall record or cause to be recorded all or any of the things which the custody officer ascertains under subsection (1).
In the case of an arrested person, any such record shall be made as part of that person’s custody record.
Subject to subsection (5), a custody officer may seize and retain any thing found to be in the possession of a detained person or cause any such thing to be seized and retained.
Clothes may only be seized if the custody officer —
believes that the person from whom they are seized may use them —
to cause physical injury to themselves or any other person;
to damage property;
to interfere with evidence; or
to assist that person to escape; or
has reasonable grounds for believing that they may be evidence relating to an offence.
Subject to subsection (10), a person may be searched if the custody officer considers it necessary to enable the custody officer to carry out that custody officer’s duty under subsection (1) and to the extent that the custody officer considers necessary for that purpose. Police Act (2021 Revision) Section 72 c Revised as at 31st December, 2020 Page 65
A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether the person has with themselves anything which that person could use for the purposes specified in subsection (5)(a)(i) to (iv).
Subject to subsection (9), a police officer may seize and retain, or cause to be seized and retained anything found on such a search.
A police officer may only seize clothes in the circumstances specified in subsection (5).
An intimate search may not be conducted under this section.
A search under this section shall be carried out by a police officer.
The police officer carrying out a search shall be of the same sex as the person searched.