Human Rights and Prisons - Rethinking Crime and Punishment

7.3 Searches
Law and policy framework
Sections 89-103 of the Corrections Act deal with searches. Rub-down
searches, scanner searches and cell searches can be carried out, at any time,
for the purposes of detecting unauthorised items. Strip searches may be
conducted where a prison officer has reasonable grounds for believing the
prisoner has unauthorised item(s) and has obtained manager‟s approval for
the search (although manager approval is not required if the health or safety
of any person, or prison security, are endangered).
The Corrections Act (s98) states that every prisoner must be strip-searched
on being admitted to a prison, and before transfer to another prison. Strip
searches are allowed: immediately before a prisoner is locked down on a
penalty of cell confinement; on return to prison; on return from work or an
unsupervised part of the prison; immediately before leaving the prison; any
time while being transferred to another prison; any time outside of the prison;
immediately before being brought before a Visiting Justice, hearing, court or
Parole Board; immediately before an alcohol or drug test; and, immediately
before or after a visit.
Strip searches include the authority to conduct a visual examination of the
mouth, nose, and ears (with the use of illuminating and magnifying devices),
and to conduct a visual examination of the anal and genital areas (without the
use of illuminating and magnifying devices), but does not authorise the
insertion of any instrument into any of those areas (s90(4)(b)). The person
being searched may be required to do things such as: open their mouth; lift or
raise any part of their body; or spread their legs and bend their knees (s90(2)).
However, where an officer has reasonable grounds to believe that a prisoner
has an unauthorised item in their possession, they may also require the
person to squat with their buttocks adjacent to their heels and visually inspect
their anal and genital areas, with the use of illuminating and magnifying
devices (s90(4)). An x-ray search may be conducted where an officer has
reasonable grounds to believe an unauthorised item is concealed on the
prisoner (s98(9).
During a rub-down search or strip search, the searcher must be of the same
sex as the person being searched, and the search should be out of view of
anyone not of the same sex. The searcher must be accompanied by another
officer or member of the police. Strip searches must be out of the view of any
other prisoners. Searches must also be carried out with decency and
sensitivity and in a manner that affords the greatest degree of privacy and
dignity (s94(2)).
Any person who enters a prison, or visits a prisoner, may be required to
undergo a scanner search for the purpose of detecting unauthorised items
(s99). If that person refuses to submit to the search, reasonable force may be
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