Police can strip search a child aged between 10 and 18 years but not a child under 10 years of age. A strip search of a child must be conducted in the presence of a parent or guardian.
While police must not search children under the age of 10 years old, and a parent or guardian must be present when they are searching youths under the age of 18, it can be a traumatising experience and many believe that it's a practice that should not be used at all on young people.
“It is not illegal for someone to refuse an unlawful strip search,” explains Redfern Legal Centre head of police accountability practice Samantha Lee.
As part of a standard stop and search, police officers can require those being searched to remove an outer coat, jacket, or gloves. Officers also have legal powers to require individuals to remove more clothing. This is commonly referred to as “strip searching”.
During a strip search, a visual body cavity search will likely occur, during which the police will examine the genital or anal area of the suspect to ensure contraband is not hidden anywhere within the suspect's body. The police may ask the suspect to bend over in order to conduct the visual body cavity search.
Police officers have the legal power to stop and search people, including children, without first placing them under arrest.
To conduct the search, and under section 32, a police officer may: Run his/her hands over the person's clothing. Require the person to remove some of his/her clothing (coat, jacket or similar, gloves, shoes, socks and hat). Examine anything in the possession of the person.
All strip searches must be done in a private setting and by a person of the same sex. There is a rather specific protocol for the proper strip search. The person being searched removes his or her own clothes. Once disrobed, the search will proceed from top to bottom, and front to back.
In many cases, these intrusions involve strip searches and/or body cavity searches of arrestees. These types of inspections are highly invasive, but jails and prisons regularly carry them out in order to prevent smuggling of drugs, weapons or other contraband.
Strip searching does not necessarily denote nudity or exposure of intimate body parts, though it can involve this. Strip searches can range from the removal of a T-shirt to the removal of all clothing. The police can conduct these searches under their stop and search powers.
Strip searches are an important tool for police in the detection of dangerous concealed items, or evidence of serious offences.
“It is not illegal for someone to refuse an unlawful strip search,” explains Redfern Legal Centre head of police accountability practice Samantha Lee. “However, the cards are stacked against the person who does not comply with a police request of this nature.”
There is no minimum age requirement for a person to be stopped and searched, this means that although children cannot be held criminally responsible until they are 10, they may be subjected to a police stop and search.
Section 60 of the Criminal Justice and Public Order Act 1994 allows a police officer to stop and search a person without suspicion. You can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer.
YES - THERE IS NO AGE LIMIT FOR STOP AND SEARCH.
In our consultations, children as young as eight years old spoke about having been stopped and searched; witnessing others being stopped by police; being scared of the police; and of worrying about being stopped and searched.
A specific approach to consent should be taken in conducting these searches. This means that a parent or guardian must give consent, as well as the child. If the child is under 14, then parental consent alone is sufficient.
From the age of 10 years, a child can be arrested and interviewed by the police, or asked to attend a voluntary interview.
Children aged from 12 to 15
A decision by a children's hearing can become part of a criminal record. A child of 12 or over can also be prosecuted for a criminal offence in court if the offence is serious.
In NSW, police are only permitted to conduct field strip-searches if the urgency and seriousness of the situation requires it. In the case of minors, a parent or guardian must be present, unless the search must be done immediately for the safety of the person or to prevent evidence being destroyed.
A police officer can only do a strip search in a private place, usually at a police station. They must follow the rules for a pat-down search. A police officer must also make sure you have someone with you if: you are under 18 – a parent, guardian or independent person must be with you.
The police can require you to undress and expose intimate parts of the body during a strip search. If you try to refuse a strip search, officers are authorised to use force where necessary to carry out the search, but this use of force needs to be authorised by a senior officer.
A strip search involves the removal of anything more than outer clothing. It can only take place at a police station or at a designated police area such as a police tent. A strip search must be done outside of public view, and somewhere that officers or anyone else of the opposite sex cannot see.
In cases where a child is involved, there must also be an appropriate chaperone in the room. Strip searches, like the one that Child Q was subjected to, can violate a person's human rights.
The strip search must not occur in the presence or view of a person of the opposite sex, unless there is no objection. It is important to comply with the provisions of Part 15 of LEPRA. This includes the need to provide the reason for the strip search to the person being searched.
They cannot insist on a more intimate search without your permission. Legally, they can only conduct strip searches and searches inside clothes with your permission in private with an independent witness.