B.12.02.R2 Rub-Down Search (National Requirement)

Reasonable Grounds

A rub-down search may be conducted when there are “reasonable grounds to suspect” that a person who wishes to enter or who is in the prison, has in their possession any unauthorised item.

Note:

• In the case of a person who wishes to enter the prison, a rub-down search can only be conducted with their consent.
• Where there are “reasonable grounds to suspect”, and a person refuses to consent to a rub-down search, approval must be obtained from the Prison Manager or other manager authorised for that purpose, before reasonable force can be used to carry out the search.

Examples of "Reasonable Grounds to Suspect”

What amounts to reasonable grounds will vary depending on the particular circumstances involved. Examples of situations which could constitute "reasonable grounds to suspect" include, but are not limited to:

• A drug detection dog indicating drugs on the person;
• A metal detector indicating that metal is being carried;
• Direct observation of suspicious activity;
• The person having a known previous history of bringing unauthorised items into the prison;
• Reliable information from a source such as the police or other Government agency, or an informant, directly relating to the person (or in the case of a private visitor relating to the prisoner to be visited) concerning the bringing of unauthorised items into the prison.

Rub-down search procedure

1. Where appropriate, arrangements are made for the care of any dependants of that person while the person is being searched.
2. Where appropriate, the person is taken to a suitable place for the search to be conducted.

What is a rub-down search?

1. A rub-down search means a search of a clothed person in which the person conducting the search may do all or any of the following:
   1. Run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person;
   2. Insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched;
   3. Require the person being searched to open his or her mouth, display the palms of his or her hands, display the soles of his or her feet, and/or lift or rub his or her hair, to allow a visual inspection.
2. An officer of the same sex as the person being searched carries out a rub-down search.
3. Another officer or a constable must be present with the officer conducting the search.
4. No other persons are present unless it is considered necessary by the Prison Manager or authorised manager.
5. The search is conducted with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of privacy and dignity consistent with the purposes of the search.
6. If any unauthorised item is found, a record of the details of the search must be included in the search report.
7. A Rub-Down Search Report (B.12.02.F3) is completed as soon as practicable after every rub-down search, and where the person is a visitor, details are entered into IOMS.
8. A Rub-Down Search Register is held at all sites. This register is made up of completed Rub-Down Search Report (B.12.02.F3) forms.

See Related Links to access Process Summary: Person wishes to enter facility.