S.07.Res.06 General random selection process
- In the case of a person who is not a private visitor, the following process must be followed:
- A manager must be contacted by staff when the person refuses to allow a vehicle search.
- This manager may be: the prison director, a security manager, another manager with custodial responsibilities including an on-call or duty manager.
- The manager must attend the prison check-point when requested by the PCP Supervisor and must speak with the person who has refused to allow a search.
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.
S.01.R06.01 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 search the vehicle (section 101 of the Corrections Act 2004)
- advise the person of the possible consequences of failing to comply with any direction or requirement made by an officer under section 101 of the Corrections Act 2004, or of obstructing staff carrying out a vehicle search.
S.01.R06.02 Department of corrections employee
- Where the person who has refused to allow the vehicle 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 allow the vehicle search must be advised that their manager will be notified in writing of their refusal to allow a vehicle search.
S.01.R06.03 Staff member of prison concerned
- Where the person who has refused to allow the vehicle search is a staff member of the prison concerned, the manager attending or communicating by phone should use the following words:
- 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 director or authorised manager. Failure to comply with a lawful and reasonable instruction is a breach of the Code of Conduct.
- I am giving you an order to comply with a search of your vehicle / a scanner search / rub down search whichever applies.
- If you do not comply with my order, you will be refusing to obey a lawful order.
- You are further advised that refusal to allow a search of your vehicle / a scanner search / rub down search whichever applies 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).