What happens when a person refuses to submit to a Scanner or Rub-Down search?
Refusal before being admitted to the prison
- If the person refuses to submit to a scanner or rub-down search before being admitted to the prison they should be warned that their continued refusal will result in their being refused entry to the prison.
- If the person continues to refuse, they must be refused entry.
Refusal while in the prison
- If a person refuses to submit to a scanner search while in the prison, they should be warned that reasonable force may be used to carry out the search.
- If the person continues to refuse, they may be required to leave the prison, or reasonable force may be used to carry out the search.
- If a person refuses to consent to a rub-down search while in the prison, they should be warned that they can be required to undergo a rub-down search and reasonable force may be used to carry out the search.
- If the person continues to refuse they may be required to leave the prison, or if approved by the Prison Manager or authorised manager, be required to undergo a rub-down search and reasonable force may be used to carry out this search.
Note: When approval has been given for a forced rub-down search, the person must have the statement on form B.12.02.F2 read to them and be asked to sign the form to acknowledge they have been advised of their rights, before the search proceeds.
Manager to deal with refusal from persons other than a Private Visitor
In the case of a person other than a private visitor the following process must be followed:
- A Manager must be contacted by staff when the person refusing to submit to a scanner or rub-down search is not a private visitor.
- This manager may be:
- The Prison Manager
- A Unit Manager
- Another manager with custodial responsibilities including an On-Call or Duty Manager.
- The Manager must attend the situation in person and must speak with the person who has refused to submit to a scanner or rub-down search.
Note: If there is going to be an unacceptable delay for the manager to attend the situation, staff can arrange for the manager to speak, by telephone, to the person refusing to submit to a scanner or rub-down search.
Process to be followed by Manager
In the case of a person other than a private visitor the manager must:
- Question the refusal and confirm the relevant legislative power to conduct the scanner search or rub-down search (s99 of the Corrections Act 2004).
- Advise the person of the consequences of continued refusal (as outlined in B.12.02.R3 numbered points 1-6).
Department of Corrections employee
Where the person who has refused to submit to a scanner or rub-down search is a Department of Corrections employee, the manager must:
- advise that failure to comply with any of the Department’s procedures, operating instructions or rules is a breach of the Department’s Code of Conduct; and that
- an Employment Investigation may be undertaken in accordance with the Department’s HR Procedures (Managing Misconduct and Poor Performance).
Note: The person who has refused to submit to a scanner or rub-down search must be advised that their manager will be notified in writing of their refusal to allow a scanner or rub-down search.
Staff Member of the Prison Concerned
Where the person who has refused to submit to a scanner or rub-down search is an employee of the prison concerned, the manager attending or communicating by phone should use the following wording:
“In accordance with the Department of Corrections Code of Conduct’s Second Principle this is to advise that you are expected to comply with all lawful and reasonable instructions as directed by your manager, Prison Manager or authorised manager. Failure to comply with a lawful and reasonable instruction is a breach of the Code of Conduct.
You are further advised that refusal to submit to a scanner or rub-down search is failure to comply with an instruction and may result in an Employment Investigation being undertaken in accordance with the Department’s HR Procedures – (Managing Misconduct and Poor Performance)”.
“I am giving you an order to comply with a scanner search”
OR
“I am giving you an order to comply with a rub-down search”
(whichever applies)
“If you do not comply with my order you will be refusing to obey a lawful order”.
