B.15.01 Searching a Prisoner, Cell, Facility, Place, or Prison Vehicle (National Procedure)

Procedure Standard

• Frequent but irregular searches are authorised, undertaken correctly and their results recorded.

Necessary Forms and Requirements

Requirements:

• R1 Prisoner Searches
• R2 Searching Equipment
• R3 Prisoner Scanner Search
• R4 Prisoner Rub-Down Search
• R5 Prisoner Strip Search
• R6 Prisoner Property Search
• R7 Cell Search
• R8 Prison Facility Search
• R9 Staff Locker and Other Places (exclusively used by any person other than a prisoner) Search
• R10 Prison Vehicle Search
• R11 Search Reporting Requirement (Local)
• R12 Management of Prisoners who are Suspected of Internally Concealing Unauthorised Items (NationalRequirement)

Forms:

• F1 Notification of Reasonable Grounds for Search of Staff Locker and Other Places
• F2 Approval for Staff Locker and Other Places Search
• F3 Advice To Prisoner

Procedure

1. The need to search is established according to the relevant search requirement.
2. Arrangements are made to ensure that the search can be properly conducted.
3. The cell, facility, place used exclusively by any person other than a prisoner, prisoner, or prison vehicle is searched according to the relevant requirement.
4. The authority to conduct a search of any cell or any place set aside for the exclusive use of a person in a prison includes the authority to search any item in that cell or place.
5. In the event that a prisoner refuses to submit to a search, the prisoner may be charged with an offence against discipline, and the search carried out, using reasonable force if necessary.
6. Any unauthorised items found during a search are seized.
7. If any unauthorised item is discovered or declared, the Prison Manager determines whether Police intervention is warranted or whether to charge the prisoner with an offence against discipline.
8. The decision is made and recorded on whether the seized item is to be used as evidence, placed in the prisoner's property or destroyed.
9. Where the Prison Manager decides that the Police should be involved the Police must be informed immediately and the unauthorised item treated as an exhibit in accordance with the procedure stated in B.12.03.
10. The prisoner must be advised that the Police have been notified.
11. If the Prison Manager decides Police intervention or charging with an offence against discipline is not warranted then the item is disposed of in accordance with B.12.03.R2.
12. The result of the search is recorded in the Search Book and reported according to the local search-reporting requirement B.15.01.R11.
13. The local search-reporting requirement must include the use of IOMS as the reporting tool.
14. The relevant people are informed of the result of the search.

Key Roles and Responsibilities

Regional Manager

• Approves the local search-reporting requirement.

Prison Manager

1. Decides what action, if any, is to be taken as a result of finding the unauthorised item.
2. Approves the strip search of a prisoner where an officer has advised that he / she has reasonable grounds for believing that the prisoner has an unauthorised item in their possession.
3. Approves the searching of a place used exclusively by any person other than a prisoner (e.g. a staff member’s locker) and ensures that the search by an officer takes place in the presence of another officer (witnessing officer). This approval will be based on the information received on form B.15.01.F1.
4. Completes Section A of form B.15.01.F2 prior to the search commencing.
5. Attempts to identify and contact the person who has the exclusive use of the place being searched and advises the person of the proposed search and their right to be present during that search and their right to have a support person present.
6. Decides whether or not the search can proceed without the presence of the person whose place (e.g. locker) is being searched, on the basis that deferring the search until the person can attend will involve an unacceptable delay.
7. Completes Section B of form B.15.01.F2 prior to the search commencing.
8. Maintains a register of completed, approved Search of Staff Lockers and Other Places forms.

Unit Manager

1. Determines unit search routines.
2. Approves strip search of a prisoner where an officer has advised that he/she has reasonable grounds for believing that the prisoner has an unauthorised item in their possession.

Officer (including a manager)

This section applies to an officer (including a manager) who has reasonable grounds to suspect that there is an unauthorised item in a place set aside in a prison for the exclusive use of any person other than a prisoner (e.g. staff locker).

1. Ensures that form B.15.01.F1 is completed prior to a search for unauthorised items in a staff member’s locker or other place and submits this to the Prison Manager.

Searching Officer

1. Establishes need for search.
2. Conducts and report on search.
3. Seizes unauthorised items found during the search and deal with them as an exhibit or otherwise.
4. Charges prisoner if prisoner fails to submit to a search.
5. If necessary, charge prisoner with possession of unauthorised item(s) or inform Police.
6. Completes relevant fields of Section C of form B.15.01.F2.

Witnessing Officer

1. Witnesses and reports on search.
2. Completes relevant fields of Section C of form B.15.01.F2.

Sources of further information

1. PPM system B.12 Prison Entry Searching
2. PPM system B.11 Prisoner Property
3. Drugs information c/- CPO or Crime Prevention Manager
4. PPM B.19 Use of Drug Detection Dogs