B.15.01.R5 Prisoner Strip Search (National Requirement)

When a strip search MUST be conducted ('must' strip searches)

A prisoner must undergo a strip search in one of the situations outlined in Section 98(7) of the Corrections Act 2004, which are:

on first being admitted to a prison
immediately before the prisoner is transferred to another prison
when a prisoner is received in a prison after transfer from another prison.

When a strip search MAY be conducted (elective search)

All elective searches must be for the purpose of detecting any unauthorised item; and
a strip search (rather than a scanner search or a rub-down search) is necessary in the circumstances for the purpose of detecting an unauthorised item.

A. Elective (reasonable grounds) strip search

A prisoner may be requested to undergo a strip search where the officer:

has reasonable grounds for believing that the prisoner has in his or her possession an unauthorised item; and
has obtained the manager's approval to conduct a strip search.

B. Elective (reasonable grounds not needed) strip search

An officer may conduct an elective strip search:

immediately before the prisoner is locked in a cell to undergo a penalty of cell confinement imposed under subpart 5 of Part 2 of the Corrections Act 2004
on the return of the prisoner to the prison (except where it is from another prison when a strip search MUST be conducted)
n the return of the prisoner from work or from a part of the prison that is not supervised
immediately before the prisoner leaves the prison except where the prisoner is leaving to go to another prison when a strip search MUST be conducted)
at any time while the prisoner is being transferred to another prison
at any time while the prisoner is outside the prison in the control of an officer
immediately before the prisoner is brought before:
1. a Visiting Justice for the purposes of any hearing or examination under subpart 5 of Part 2 of the Corrections Act 2004 or any appeal under subpart 5 of Part 2 of the Act
2. a hearing adjudicator for the purposes of any hearing or examination under subpart 5 of Part 2 of the Corrections Act 2004
3. any tribunal or Court
4. any hearing before the New Zealand Parole Board
immediately before any person visits the prisoner
immediately after any person has visited the prisoner
immediately before a prisoner is required to undergo a prescribed procedure under section 124(2)(d) where the prison manager believes on reasonable grounds that the urine sample previously provided by the prisoner is dilute, tainted or otherwise contaminated.

Whether the strip search is conducted in the 'reasonable grounds' situation (section 98(3)) or in one of the situations listed in section 98(6) (a) to (j), the strip search must be for the purpose of detecting any unauthorised item, and must be conducted only if a strip search, rather than a scanner search or a rub-down search, is necessary in the circumstances for detecting any such unauthorised item.

This means that no prison can have a "blanket policy" that all prisoners must be strip searched in a situation where staff have the authority to strip search. Rather, there must be allowances for exceptions based on the particular circumstances of an individual case.

Example:

The reason for conducting strip searches after visits is for the purpose of detecting any unauthorised item. In general, we know, based on experience, that in this situation unauthorised items are unlikely to be able to be detected by either a scanner or a rubdown search.

However, this does not mean that a prison can have any "blanket policy" along the lines that all prisoners will be strip searched after all visits - there must be allowance for exceptions based on the particular circumstances.

For instance, where a prisoner has had a booth visit it would be difficult to say that a strip search was required for the purpose of detecting an unauthorised item or a strip search, rather than a scanner search or a rub-down search, was necessary in those circumstances (unless there was some other reason to believe that an unauthorised item might have been passed to the prisoner during the visit, e.g. some action observed by an officer or if damage to the booth was found following the visit).

Once you do have a suspicion that an unauthorised item is in a prisoner's possession, a strip search is often required to detect the item.

Strip Search (section 90 of the Corrections Act 2004)

A strip search means a search where the person conducting the search may require the person being searched to remove, raise, lower, or open all or any of their clothing.

For the purpose of facilitating a strip search, the person being searched may be required to do all or any of the following:

open his or her mouth
display the palms of his or her hands
display the soles of his or her feet
lift or rub his or her hair
raise his or her arms to expose his or her armpits
with his or her legs spread apart, bend his or her knees
lift or raise any part of his or her body (including, for example, rolls of fat, genitalia and breasts).

Any instrument or device designed to illuminate (i.e. torch) or magnify may be used to assist a visual examination of the mouth, nose and ears but not the anal and genitial areas.

For a strip search undertaken where the officer has reasonable grounds to believe that the prisoner has an unauthorised item in his or her possession, any instrument or device designed to illuminate (i.e. torch) or magnify may be used to assist a visual examination of the mouth, nose and ears and the anal and genital areas.

No instrument, device or thing may be inserted into any orifice of the prisoner for either type of search.

Strip search conditions

Strip searches must comply with the following conditions:

A strip search is generally carried out by two persons of the same sex as the person being searched. Where that is not possible a correction officer of the opposite sex may be in attendance. However, they must be screened so that they cannot view the prisoner at any time but must be visible to the other corrections officer.
The second officer, who may be another officer or a member of the Police, must be present as the witnessing officer.
The prisoner shall be visible to both officers at all times, unless the witnessing officer is of the opposite sex to the prisoner.
Where a witnessing officer is of the opposite sex to the prisoner, the prisoner shall be visible at all times to the searching officer and the searching officer must be visible to the witnessing officer at all times.
A strip search shall not be carried out in the view of any person of the opposite sex.
A strip search shall not be carried out in view of another prisoner.

A strip conducted under section 98(3)(a) where the officer has reasonable grounds believe that the prisoner has an unauthorised item in his or her possession differs from strip searches undertaken in the circumstances set out in section 98(6).

For a "reasonable grounds" strip search a prisoner may be required to bend their knees to a point where the prisoner's buttocks are next to their heels. Other searches may only require a prisoner to bend their knees to a lesser extent e.g. to the point where their buttocks are in line with their knees (knees at 90 degrees).

For a reasonable grounds strip search illuminating (i.e. torch) or magnifying instruments or devices may be used to assist a visual examination of the mouth, nose and ears and the anal and genital areas.

For other searches, such instruments or devices may be used to assist a visual examination of the mouth, nose and ears but not the anal and genital areas.

Procedure

Where practical, staff must carry out a thorough search of the cell or room where the strip search takes place both before the strip search has commenced and after it is completed.

Preparing the strip search

Order the prisoner to put down any items they are holding and remove any other items, e.g. remove sunglasses, put out cigarette.
Explain in simple terms why you are conducting the search; ask “Do you understand?”
Explain that you are authorised to conduct the search under section 98 of the Corrections Act 2004.
State to the prisoner that they must comply with your orders; ask “Do you understand?”
State to the prisoner that you are going to order them to remove one article of clothing at a time and the prisoner will hand it to the officer assisting you; ask “Do you understand?”
Ask the prisoner “Before we start the search, do you have anything you should not have on your person?”

Searching the upper half of the body

Order “Prisoner, open your mouth wide” and inspect mouth - if necessary request the prisoner to show you the underside of their tongue.
Order “Prisoner show me the palms of your hands”.
Order “Prisoner, lift or rub your hair” - if necessary, order the removal of any hairclips and show the area behind the ears.
When all articles of clothing have been removed from the top half of the prisoner’s body, order the prisoner to raise both of his or her arms to the ceiling and turn around slowly.
If the prisoner has areas of his or her body obscured due to breasts, large male pectorals or folds in the flesh, e.g. near the belly button or under the arm, order the prisoner to lift or raise those areas.
Order the prisoner to reclothe the top half of his or her body.

Searching the lower half of the body – strip search

Where practicable, staff are positioned in front of and behind the prisoner.
Order “Prisoner, remove your shoes, hand them to the officer”.
Order “Prisoner, remove your socks, hand them to the officer”.
Order “Prisoner, turn around, show me the soles of your feet”.
Order the prisoner to remove his or her trousers or shorts and hand them to the officer.
Order the prisoner to remove his or her underwear and hand it to the officer.
When all items of clothing have been removed from the lower half of the body, order the prisoner to lift his or her upper clothing.
Order “Prisoner, place your feet shoulder width apart”.
Order “Prisoner, bend at the knees until I tell you to stop”.
1. If the officer is undertaking a reasonable grounds strip search - Order “Prisoner bend your knees until your buttocks are next to your heels”.
2. The officer undertaking a reasonable grounds strip search may use illuminating (torch) and magnifying devices to inspect the mouth, nose, ears, anal and genital area.
For male prisoners, order the prisoner to stand facing you and state “Prisoner lift your penis and show me the underside” - if the stomach obscures a clear view, order the prisoner to lift his stomach.
If necessary order “Prisoner lift your scrotum” -this may not be required as the anal and genital examination (21–22) is likely to have resulted in the area behind the scrotum being visible.

Finishing the search

Order the prisoner to reclothe the lower half of his or her body.
Both officers confer and agree that the search has been completed satisfactorily.

“Reasonable grounds” strip search or refusal to allow search

Where the search is authorised under Section 98(3)(a) of the Corrections Act 2004 (reasonable grounds for believing the prisoner possesses an unauthorised item), the following additional procedures apply:

Where possible, seek manager approval prior to commencing a “reasonable grounds” strip search. However, if you believe that delaying the search would endanger the health or safety of any person or prejudice the maintenance of security at the prison, you may proceed with the search without waiting for that approval (Corrections Act section 98(4)).
Search the prisoner first; if the prisoner has property, put the property in a secure area for later examination.
Explain to the prisoner that section 83 of the Corrections Act authorises you to use force if the prisoner does not comply with your orders; ask “Do you understand?”.
If you have an area of immediate concern, search that area first. For example, ask “What have you placed in your pocket?”.
Order the prisoner to keep their hands in front of him or her and not to make any sudden movements.
Follow the search procedure above (1–25).

If you have reasonable grounds to suspect a female prisoner has an unauthorised item concealed in her vaginal cavity:

you may request that the prisoner remove the item (if necessary replacing her tampon with a new one).
if the prisoner refuses, you may place her in a dry cell under regulation 64 of the Corrections Regulations 2005 for the item to be excreted or removed by the prisoner in private.
the prisoner could also be advised by health staff of the medical risks if the item is not removed.
placement in a dry cell under regulation 64 is in effect segregation under section 58(1)(a) of the Corrections Act, and therefore requires the direction of the Prison Manager.
medical oversight will also be necessary, until the medical officer believes there has ceased to be a reason for the segregation.

If you have reasonable grounds to suspect a prisoner has an unauthorised item concealed under his foreskin:

you may request that the prisoner removes the item
if the prisoner refuses you may place him in a dry cell under regulation 64 of the Corrections Regulations 2005 for the item to be removed by the prisoner in private.

Whenever a searching officer is conducting a visual examination of the anal and genital areas during a 'reasonable grounds' strip search, he or she must be particularly mindful of the requirement to conduct the search with decency and sensitivity, and in a manner that preserves the dignity and privacy of the prisoner being searched.

Pregnant women / amputees / injuries / disabilities

If for any reason a prisoner states they are unable to bend at the knees during the course of a strip search e.g. heavily pregnant women, prisoners with knee injuries, or amputees, the searching officer must ensure the search is completed to an acceptable standard.
In the case of an injury, if time allows, medical advice should be sought to confirm the injury. Link sheets may also be referred to.
The searching officer may have to use initiative to ensure compliance e.g. using a support structure to assist the prisoner to make the anal / genital area visible to search officers, such as wall, desk or bed etc.

If a contraband item has been found

If an unauthorised item is found in the prisoner’s clothing, the supporting officer is to inform the searching officer, who will decide whether to continue the search, restrain the prisoner (using handcuffs) and if additional support is required.
If the prisoner displays active or passive resistance, radio for further assistance if required.

Reporting and recording - "Reasonable grounds" strip searches

the reason(s) for the search
the name of the prisoner
the names of the officers conducting the search
the date and time of the strip search
any unusual circumstances, and
the result of the search.

This information must be recorded as soon as practicable, certified by both officers, and reported to the prison manager.

An incident report must also be completed on IOMS. In addition to the information above, this incident report must also include confirmation that approval to conduct the "reasonable grounds" strip search was obtained from the prison manager (or delegated manager in accordance with the Prison Manager Delegations Framework) or if the conditions outlined in section 98(4) applied.

Where a prisoner is placed in a dry or other cell designed to prevent the concealment or disposal of unauthorised items as a result of the strip search the prison manager must ensure that a record is made and kept of the details of that placement, and whether the unauthorised item is discovered as a result.

Equipment required

The equipment required for a strip search is:

latex gloves
containers for syringes and needles
handcuffs
exhibit forms
exhibit bags.

Sterile gloves must be worn during the strip search of the prisoner. Staff are reminded of the dangers in searching areas and clothing that may contain hypodermic needles and are urged to exercise all due care in this regard.

Any health and safety concerns observed by the supporting officer should be immediately reported to the searching officer.

Key roles and responsibilities

Searching officer

Coordinate the search.
Make all critical decisions.
Ensure all reporting requirements are complied with.
Prepare strip search venue where possible, e.g. gloves, handcuffs.
Direct the position of staff - the officer assisting should be in the most safe secure position in the cell / yard / shower block etc.
If possible, ensure the officer assisting is positioned to prevent the unauthorised disposal or concealment of contraband by the prisoner, e.g. by positioning the officer between the prisoner and the toilet.
Order the prisoner during the strip search procedure.
Observe prisoner’s movements and demeanour.
Ensure officers remain present while prisoner gets dressed.
Confer and agree with officer assisting that the search was completed satisfactorily.

Officer assisting

Carry out instructions of the searching officer.
Physically search items of clothing.
Support searching officer in completing the search satisfactorily.
Carry out reporting functions as directed by the searching officer.

Previous Next Show Contents

| | | | | | | | | | | | | | | |