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Searches

Each prisoner is personally searched on entering prison and can also be searched, or the prisoner's cell inspected, when moving from one part of a prison to another or when the manager of the prison has reasonable cause to suspect that the prisoner has a prohibited item in his or her possession [Correctional Services Act 1982 s.37]. For example, the manager may direct that prisoners are searched if it is suspected that a visitor smuggled illegal drugs into the prison. The Act sets out strict rules as to how body searches must be carried out, particularly where the prisoner is required to strip. Searches must be carried out quickly, and undue humiliation of the prisoner must be avoided [Correctional Services Act 1982 ss.37(2), 37(5)].

Prisoners must also provide urine specimens for drug testing if the manager either:

  • suspects the prisoner has unlawfully used a drug
  • wants to ascertain unlawful drug use in the prison. The test can be random or can be on every prisoner.

The penalties for failing to provide a sample or for having a positive urine sample are very severe including loss of privileges for up to six months, exclusion from work for up to 84 days and a fine of up to $150 [Correctional Services Act 1982 ss.43,44, Correctional Services Regulations 2001 Reg 37(4)]. A prisoner has a limited right of appeal, see hearings and inquiries.

Searches  :  Last Revised: Tue Nov 15th 2005




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