33—Destruction of intimate search records and copies
(1) An intimate search
record and any copy of such a record may only be destroyed—
(a) by
the police officer in charge of the police station at which the record is
required to be kept; or
(b) by
some other person with the approval of that officer.
(2) If an intimate
search record is lawfully destroyed, any copies of the record (other than a
copy provided to the detainee) must also be destroyed.
(3) If an intimate
search record is to be destroyed but the record or any copies of the record
are not at the police station at which they are required to be kept, the
Commissioner must direct the immediate return of the record or copies to that
station.
(4) If a record or a
copy of a record is not returned as required by a direction given under
subregulation (3), the officer in charge must notify the Commissioner of
that fact in writing.
(5) The officer in
charge responsible for the destruction of an intimate search record and any
copies must, as soon as practicable after the destruction, ensure that the
details required by Part I of the form in Schedule 1 are entered in the
register book.
(6) An intimate search
record consisting of a videotape recording will be regarded as having been
destroyed if all material recorded on the videotape has been erased.