CRIMINAL INVESTIGATION ACT 2006 - SECT 70

CRIMINAL INVESTIGATION ACT 2006 - SECT 70

70 .         Basic search or strip search, rules for doing

        (1)         This section operates if a person (the searcher ) is authorised by this Act to do a basic search or a strip search of a person.

        (2)         Before the searcher does a basic search or a strip search of the person the searcher must, if reasonably practicable —

            (a)         identify himself or herself to the person; and

            (b)         inform the person of the reason for the search; and

            (c)         request the person to consent to the search; and

            (d)         if the person does not consent to the search or withdraws his or her consent, inform the person that it is an offence to obstruct the searcher doing the search.

        (3)         If a basic search or a strip search is done of a person —

            (a)         it must be done as quickly as is reasonably practicable; and

            (b)         it must not be any more intrusive than is reasonably necessary in the circumstances; and

            (c)         the searcher, if he or she proposes to remove any article that the person is wearing, must tell the person why it is considered necessary to do so; and

            (d)         the person must be allowed to dress as soon as it is finished; and

            (e)         the person must be provided with a reasonably adequate replacement for any article of clothing or footwear seized if, due to the seizure, the person is left without adequate clothing or footwear in the circumstances; and

            (f)         the person must not be questioned while it is being done about any offence that he or she is suspected of having committed.