Western Australian Consolidated Acts

PRISONS ACT 1981 - SECT 41

41 .         Search of prisoners etc.

        (1)         A prison officer may, if so ordered by the superintendent, search a prisoner and take from him any thing found on his person — 

            (a)         which apparently was not issued to him with the approval of the superintendent;

            (b)         which has been retained by him without the approval of the superintendent; or

            (c)         which, although issued or retained with the approval of the superintendent, appears to the superintendent to constitute a threat to or breach of the security or good order of the prison.

        (2)         A prison officer may use such force as is reasonably necessary for the purpose of performing his duty under subsection (1).

        (3)         Any thing taken from a prisoner under subsection (1) may, subject to section 49B of this Act and to section 6(2) of the Weapons Act 1999 , be —

            (a)         retained by the superintendent and returned to the prisoner on his release;

            (b)         returned to any person who claims to be, and appears to the superintendent to be, the owner of the thing; or

            (c)         upon the order of the chief executive officer, destroyed or otherwise dealt with.

        [Section 41 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 43 of 1999 s. 11.]