Requirements
- R1 Advice to Persons at Check-Points
- R2 Refusal to Allow a Vehicle Search
- R3 Post Prison Check-Point Operations
Prison Check-Point Operations
Prison Check-Point operations are either:
- Formal – large scale operation, or
- Informal – small scale operation.
This decision is determined by each site’s requirements.
Procedure
- Staff identify themselves as ‘an officer of the prison’ and explain to the driver the reason the vehicle is being stopped, quoting the relevant legislation (Corrections Act 2004, section 101 “Search of Vehicles”).
- The driver should be warned that it is an offence to fail without reasonable excuse to comply with any direction or requirement given or made by an officer under this section.
- Should staff decide to search the vehicle, the driver is directed to drive it to a designated place and stop there. The occupants are asked to vacate the vehicle once it has been stopped in the designated place.
- Persons with dogs (except guide dogs) are asked to restrain them during vehicle searches and then remove the dog(s) from prison property.
- Searching a vehicle can be done by any officer of the prison.
- Staff searching a vehicle will ensure that they take into consideration any health and safety hazards associated with searching vehicles and equipment. This is especially relevant when searching heavy motor vehicles. It may be appropriate, when heavy motor vehicles cannot be searched safely, to observe the unloading of the vehicle and accompany the vehicle whilst it is on prison property.
- Any person who attempts to obstruct staff carrying out a vehicle search should be warned that they are liable to be arrested for obstruction of a prison officer in the execution of their duties (Summary Offences Act 1981, section 23).
- The occupants of any vehicle, or any visitor who arrives at a prison check-point on foot, may be requested to provide one or more of the following details:
- his or her name;
- his or her address;
- his or her date of birth.
- Any item carried by, or in the possession of, any person who wishes to enter a prison may be searched.
Note: It is important that care is taken when searching bags/briefcases that may contain information of legal privilege. Searching staff should take care that, during the course of a search, they do not read any correspondence that is related to a prisoner’s legal affairs. Refer to PPM system A.05.01.R1 Mail Between Prisoners and Specified Persons.
- If an unauthorised item is located but there is no clear intention to introduce it to the prison, it can be held (securely) until the person leaves or, if circumstances permit, it can be locked in the person’s vehicle.
- If a person turns their vehicle around and drives off after seeing there is a prison check-point in progress, details of the vehicle are recorded on the prison check-point report.
- When a person other than a private visitor refuses to have their vehicle searched, a manager is contacted and asked to attend the prison check-point to talk to that person (see B.12.01.R2).
Key Roles and Responsibilities
Manager
- “Manager” may be the Prison Manager, Unit Manager, or another manager with custodial responsibilities including an on-call/duty manager.
- Managers are contacted, as soon as practicable, when a person other than a private visitor has refused to have his/her vehicle searched.
- Managers are required to personally attend the prison check-point (PCP) when requested by the PCP Supervisor.
Note: If there is going to be an unacceptable delay for the manager to arrive at the site, the PCP Supervisor can arrange for the manager to speak, by telephone, to the person refusing to allow their vehicle to be searched.
- Managers must speak to the person other than a private visitor who has refused to have his/her vehicle searched and follow the process outlined in B.12.01.R2.
Prison Check-Point Supervisor
- Supervisors are fully trained in searching operations and have an understanding of all legislation and policies relating to searches.
- Supervisors carry out briefings (in SMEAC format – see E.02.06) with Prison Check-Point staff before operations commence and a debrief on completion of the operation.
- Supervisors ensure all necessary documentation and exhibit handling resources are available before operations commence.
- Supervisors regularly consult with police and advise them of pending operations.
- Supervisors contact a Manager when a person other than a private visitor has refused to have his/her vehicle searched.
- Supervisors use their judgement and discretion to determine which vehicles require searching.
- Supervisors are responsible for ensuring the safety of all persons, particularly when and where vehicles are stopped.
Prison Check-Point staff
- Staff are fully briefed before, and debriefed after, all Prison Check-Point operations.
- Staff are in uniform or are clearly identifiable as prison staff.
- Where practicable, staff wear high visibility jackets for health and safety reasons.
- Staff conduct themselves in a professional manner and treat all visitors with respect and sensitivity.
Staff Training
Prison Check Point Teams have been trained in the following:
- Laws and procedures for searching
- Report writing and incident recording
- Exhibits Handling procedures
Equipment and resources
- Mobile telephone for contacting Managers who are offsite.
- Containers for the safe storage of sharp and dangerous items including hypodermic syringes and needles.
- Camera and set of scales to photograph and weigh exhibits.
Sources of further information
- An up-to-date list of local lawyers.
