CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 274 Searches of people other than detainees

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 274

    (1)     The director-general may direct a youth detention officer to conduct a scanning search, frisk search or ordinary search of a person at a detention place who is not a young detainee if the director-general—

        (a)     believes on reasonable grounds that the search is prudent to ensure—

              (i)     the safety of anyone; or

              (ii)     security or good order at the place; or

        (b)     suspects on reasonable grounds that the person is carrying—

              (i)     a prohibited thing; or

              (ii)     anything else that creates, or is likely to create, a risk to—

    (A)     the personal safety of anyone else; or

    (B)     security or good order at the place.

    (2)     The youth detention officer who conducts a frisk search or ordinary search of a person mentioned in subsection (1) must—

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

        (b)     conduct the search in a private area or an area that provides reasonable privacy for the person.

    (3)     The youth detention officer may conduct a frisk search of the person only if—

        (a)     the person is of the same sex as the officer; or

        (b)     if that is not the case—another person of the same sex as the person to be searched is present while the search is being conducted.

    (4)     The other person mentioned in subsection (3) (b) must not be a young detainee.

    (5)     Part 7.8 (Searches—use of force) does not apply to a search under this section.