SS01 Search and Surveillance

Question 1

Searching a prisoner is an important task that, if not completed thoroughly, could result in:

Answer 1

• vital evidence being lost, or

* you or some other person being injured.

Question 2

Why various articles should be removed from prisoners: DICES

Answer 2

Damage
Any article that is likely to damage police property

Injury
Any article that could be used to injure the arrested person, member of police, or any other person

Corroborative Evidence
Any article that may be used as evidence to prove an offence with which the person is to be charged

Escape
Any weapons or articles likely to be used to effect an escape

Safe Custody
We have a duty to safeguard all the property of prisoners who are incapable of protecting their own property while in custody

Question 3

Obligations under Section 125 Search and Surveillance Act 2012

Answer 3

Section 125 of the Search and Surveillance Act 2012, outlines your obligation to give your name, the Act and your reason for search.
Whenever you search a person, section 125 will apply.

Question 4

When can you search a person?

Answer 4

By law, you can search a person only when:
• they are under lawful arrest, or
• they are detained under an enactment, or
• they have given consent to the search, or
• they can be searched under a specific power of search.

Question 5

Search & Surveillance Act 2012, s11 - General searches of people in custody

Answer 5

1. This section applies to any person
   a) has been taken into lawful custody; and :
   b) is:
   − At a Police station; or
   − In other premises, or 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 searcher used in accordance with section 12, may -
   a) Conduct a search of a person to whom Section 11 applies; and
   b) Take from him or her all money, and all or any property, found on him or her or in his or her possession.
3. Nothing in this section affects the right of a constable to search any person on the person’s arrest or detention using sections 85 or 88.

Question 6

Search & Surveillance Act 2012, s12

Answer 6

1. The Police employee in charge of the place or vehicle in which a person is detained in custody may use a searcher to carry out a search of the person under section 11 if:
   a) the searcher’s use is necessary to enable the search to be carried out –
2. (i) by someone of the same sex as the person; or
3. (ii) within a reasonable time of the person’s being taken into custody; and
   b) the Police employee is satisfied that the searcher has received appropriate training.
4. The searcher must carry out the search as if he or she were a Police employee

Question 7

Whatever the circumstances you must be able to justify your actions as being:

Answer 7

• necessary
• justifiable
• reasonable

Question 8

The following advice will help you to avoid having to use force:

Answer 8

• If at all possible and it is safe to do so, remove the person from the public eye.
• Explain what you intend to do and why.
• When asking someone to carry out a task (for example, lean against a wall, put their hands in the air), ensure you speak clearly and concisely so they are in no doubt as to what you require them to do.
• Be polite. The prisoner may be upset but you must remain professional at all times.
• The use of force is the last resort. Try to get compliance using good communication skills. If this does not work, then reasonable force may be used to carry out the search.
• If the person is detained under an enactment and or to be searched under a warrantless power, you should use AWOCA to warn the person that they will be arrested for obstruction. If they fail to respond appropriately, arrest for obstruction.

Question 9

For health and safety reasons, it is good practice to consider the following precautionary measures when searching people.

Answer 9

• Always wear latex or other suitable gloves.
• Manage risk – think before you act. Try to anticipate potential health and safety issues; for example, situations in which sharp objects, such as knives, needles or syringes, may be concealed.
• When searching a person, take special care to avoid injuries from concealed sharp objects. The person could be asked to:
− empty out their own pockets
− remove and shake out their shoes
− run their hands through their hair
− turn down their collar, cuffs, sleeves or other parts of their clothing where sharp objects may be concealed.
• Avoid using a ‘pat down’ technique. Move your hands slowly and carefully to minimise the risk of injury through contact with sharp objects.

Question 10

Under what circumstances would you conduct a strip search?

Answer 10

On occasions – for example, where concealed drugs and/or weapons are suspected – it may be necessary to strip search the prisoner.
Strip or full body searches significantly disrupt a person’s dignity and privacy and therefore there must be good reason(s) for such a search.

Strip searches may be justified by necessity when you have reasonable grounds to believe:
• evidential material may be concealed on the person, or
• anything is on the person that may be used to
− harm any person or
− facilitate their escape
and a less intrusive search may not be sufficient to locate evidential material or thing that may be used to harm any person or facilitate escape.