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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 253 Requirements for scanning, frisk and ordinary searches

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 253

Requirements for scanning, frisk and ordinary searches

    (1)     The youth detention officer who conducts a scanning search, frisk search or ordinary search of a young detainee must—

        (a)     tell the young detainee about the search and the reasons for the search and ask for the young detainee's cooperation; and

        (b)     for a frisk search or ordinary search—conduct the search in a private area or an area that provides reasonable privacy for the young detainee; and

        (c)     if clothing is seized because of the search—ensure the young detainee is left with, or given, reasonably appropriate clothing to wear.

    (2)     A frisk search or ordinary search of a young detainee must not be conducted in the presence or sight of—

        (a)     another young detainee; or

        (b)     someone else whose presence is not necessary for the search.

    (3)     A frisk search of a young detainee must be conducted by a youth detention officer of the same sex as the young detainee.

    (4)     Subsection (3) does not apply if the director-general believes on reasonable grounds that—

        (a)     there is an imminent and serious threat to the personal safety of the young detainee or someone else; and

        (b)     compliance with subsection (3) would exacerbate the threat.