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.