(a)
in a way that provides reasonable privacy for the person searched, and
(b) as
quickly as is reasonably practicable.
(5) The police officer must conduct the
least invasive kind of search practicable in the circumstances.
(6) The
police officer must not search the genital area of the person searched, or in
the case of female or a transgender person who identifies as a female, the
person's breasts unless the police officer suspects on reasonable grounds that
it is necessary to do so for the purposes of the search.
(7) A search must be
conducted by a police officer of the same sex as the person searched.
(7A)
However, if a police officer of the same sex as the person who is to be
searched is not immediately available, a police officer may delegate the power
to conduct the search to another person who is--
(a) of the same sex as the
person to be searched, and
(b) of a class of persons prescribed by the
regulations for the purposes of this subsection.
The search by that other
person is to be conducted under the direction of the police officer and in
accordance with provisions of this Act applying to searches conducted by
police officers.
(8) A search of a person must not be carried out while the
person is being questioned. If questioning has not been completed before a
search is carried out, it must be suspended while the search is carried out.
(8A) Subsection (8) does not prevent the asking of questions that only relate
to issues of personal safety associated with the search.
(9) A person must be
allowed to dress as soon as a search is finished.
(10) If clothing is seized
because of the search, the police officer must ensure the person searched is
left with or given reasonably appropriate clothing.
(11) In this section--
"questioning" of a person means questioning the person, or carrying out an
investigation (in which the person participates).
