INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 135 Power to conduct an ordinary search or strip search

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 135

  (1)   If a person who has been arrested under this Act or pursuant to a warrant issued under this Act is brought to a police station, a police officer may:

  (a)   if an ordinary search of the person has not been conducted--conduct an ordinary search of the person; or

  (b)   subject to this section, conduct a strip search of the person.

  (2)   A strip search may be conducted if:

  (a)   a police officer suspects on reasonable grounds that:

  (i)   the person has in his or her possession evidential material relating to the crime to which the person's custody relates; or

  (ii)   the person has in his or her possession a seizable item; or

  (iii)   a visual inspection of the person's body will provide evidence of the person's involvement in that crime; and

  (b)   the police officer suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that thing or to discover that evidence; and

  (c)   a police officer of the rank of superintendent or higher has approved the conduct of the search.

  (3)   Subject to section   136, a strip search may also be conducted if the person consents in writing.

  (4)   Subject to section   136, a strip search may be conducted in the presence of a medical practitioner, who may assist in the search.

  (5)   The approval may be obtained by telephone, telex, fax or other electronic means.

  (6)   A police officer who gives or refuses to give an approval for the purposes of paragraph   ( 2)(c) must make a record of the decision and of the reasons for the decision.

  (7)   Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection   ( 2).

  (8)   Any item of a kind referred to in subparagraph   ( 2)(a)(i) or (ii) that is found during a strip search may be seized.