Human Rights and Prisons - Rethinking Crime and Punishment

used. A rub-down of the person may be conducted, with their consent, if an
officer has reasonable grounds to believe they possess an unauthorised item.
Those who refuse these searches, must be refused admission or access to a
prisoner.
In relation to staff, a staff member‟s locker may be searched for the purposes
of detecting unauthorised items. Searches must have the prior approval of
the prison manager, and must be undertaken by two staff (s100). The staff
member must also be advised of the proposed search, and has the right to be
present during the search.
If an officer has grounds to believe that a visitor or staff member is in
possession of a controlled drug, they may detain that person, use reasonable
physical force and promptly call the police. A person must not be detained for
more than four hours (s103). Finally, any vehicle brought into a prison can be
stopped and searched for unauthorised items or attempted escapees.
Reasonable force can be used for the purposes of executing this search
(s101).
Issues
In 2009, the Ombudsmen upheld a complaint concerning a situation where
prisoners were required to squat during strip searches in circumstances where
that requirement was not permitted by legislation (Ombudsmen‟s Office,
2009:14). Further information on strip searches, with regards to women, can
be found in section 8.3. There is clearly a need for further research across
this whole area.
7.4 Segregation
Law and policy framework
The Corrections Act provides for the segregation of prisoners for the purposes
of: medical oversight (s60), protective custody (s59(1)), and security, good
order or safety (s58).
Segregation linked to medical oversight can be undertaken to assess or
ensure a prisoner‟s mental or physical health (including the risk of self-harm).
If this segregation is undertaken, the prisoner and chief executive must be
informed, and given the reasons for segregation, in writing. Decisions to end
segregation must be made by a medical officer. During segregation, the
prisoner must be visited by a health professional at least once a day (twice a
day if the prisoner is viewed as at risk of self-harm).
Protective custody segregation can be undertaken on a voluntary or a directed
(non-voluntary) basis. Protective segregation may be instigated where: the
prisoner requests it and the manager considers it is in the best interests of the
prisoner; or the manager is satisfied that the safety of the prisoner has been
put at risk by another person and there is no reasonable way to ensure the
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