Australian Capital Territory Current Acts

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Power to search person in custody

    (1)     A police officer may search a person who is taken into custody under the following sections and may take possession of anything found in the person's possession:

        (a)     section 11 (Detention for breath analysis);

        (b)     section 13D (Detention for oral fluid analysis);

        (c)     section 15 (Taking blood samples from people in custody).

    (2)     For the purposes of the search, the officer may request the assistance of another police officer of the same sex as the person being searched.

    (3)     A person is entitled to the return of anything taken from the person under subsection (1) when the person ceases to be in custody, other than––

        (a)     a seizable item; or

        (b)     an item that may otherwise be seized or retained under another territory law.

    (4)     In this section:

"search" means a search of a person or of anything in the person's possession, and may include––

        (a)     requiring the person to remove only the person's overcoat, coat, jacket or a similar article of clothing and any footwear, gloves or headwear; and

        (b)     an examination of them.

"seizable item" means a seizable item under the Crimes Act 1900

, part 10.

Note     A seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody (see Crimes Act 1900

, pt 10).

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