Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p14
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 30904–33478

requiring a person to remove his or her clothing that is not headwear, handwear, footwear or other outer clothing.

 (3) Before a person searches another person, the searcher must:
 (a) advise that other person of his or her right to request that the search be conducted in a place that would reasonably provide privacy to the person during the search; and
 (b) if the person so requests, take him or her to a place of that kind for the purposes of the search.

 (4) A person who searches another person, or who assists in the search of another person, must not subject that person to greater indignity than is reasonably necessary.

 (5) A special constable may search, with such assistance as is necessary and reasonable:
 (a) a person; and
 (b) the headwear, handwear, footwear and other outer clothing of a person; and
 (c) other personal property apparently in the immediate control of a person;
if the constable reasonably suspects that it is necessary to do so to find out whether there is in the possession of the person:
 (d) a thing that is capable of causing death, injury or damage or assisting the person to escape from arrest or detention; or
 (e) a thing that is connected with an offence.

 (6) A special constable must not seize and remove a thing found in the course of a search unless the constable reasonably believes that it is a thing to which paragraph (5) (d) or (e) applies.

 (7) If a person is searched under this section, the search must, if practicable, be carried out by a person of the same sex.

Division 2 Persons in custody

23 Warning to be given to persons in custody

 (1) As soon as practicable after the arrest of a person, a special constable must warn the person in accordance with the form in Schedule 3.

 (2) An investigating officer must warn a person in custody in accordance with the form in Schedule 3 before questioning the person for the purpose of investigating his or her involvement (if any) in an offence.

 (3) If a person in custody is unable to understand a warning because of:
 (a) inadequate knowledge of the English language; or
 (b) mental dysfunction; or
 (c) physical disability or disease;
the investigating officer must take all reasonable steps to ensure that the person is provided with an explanation of the warning that he or she is able to understand.

24 Charging of arrested persons

 (1) A leader must charge an arrested person in relation to the offence for which the person was arrested as soon as practicable after the arrest, unless:
 (a) if a warrant to arrest the person has been given effect