Being subjected to a strip search by NSW Police can be an invasive and distressing experience. Although police have powers to search people in certain circumstances, those powers are subject to strict legal requirements designed to protect privacy, dignity and individual rights.
Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), police may conduct a strip search only when the relevant legal threshold is met. The requirements depend on where the search takes place, the reason for the search and the circumstances involved.
A strip search conducted at a music festival, in a public place or at a police station must comply with the applicable legal requirements. If police lack reasonable grounds to suspect that a strip search is necessary, or fail to comply with the relevant safeguards, the search may be unlawful.
If you believe NSW Police have unlawfully strip searched you, it is important to understand your rights and the legal options that may be available.
What is a strip search in NSW?
A strip search is a search that may require a person to remove some or all their clothing so police can visually examine their body and the clothing removed.
Section 3 of LEPRA defines a strip search as the removal of clothing and the examination of the person’s body, excluding body cavities.
A strip search is different from an ordinary search, which may involve police patting down a person’s outer clothing, asking them to remove a jacket or shoes, or examining items in their possession.
Because a strip search involves a greater invasion of privacy, police must satisfy additional legal requirements before conducting one.
Examples of situations in which strip searches may arise include:
- Police suspecting a person has prohibited drugs concealed on their body.
- Searches conducted at music festivals or other major public events.
- Searches following an arrest or at a police station.
- Police suspecting a person is concealing an item connected with an offence.
However, the fact that police suspect a person possesses drugs or other prohibited items does not automatically mean a strip search is lawful. The relevant legal requirements must still be satisfied.
When can NSW Police legally conduct a strip search?
Section 31 of LEPRA establishes different requirements depending on whether a strip search occurs at a police station or elsewhere.
Strip searches at a police station or place of detention
Under section 31(a), police may conduct a strip search at a police station or another place of detention if the officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search.
The officer must have a proper basis for believing a strip search is necessary. It is not enough to conduct one simply because a person has been arrested or is being held in custody.
For example, police may seek to conduct a strip search where there are reasonable grounds to suspect that a person is concealing an item relevant to the lawful purpose of the search and a strip search is necessary to locate it.
Strip searches in public places
Under section 31(b), the threshold is higher when a strip search is conducted somewhere other than a police station or place of detention.
Police must suspect on reasonable grounds both that:
- The strip search is necessary for the purposes of the search; and
- The seriousness and urgency of the circumstances make the strip search necessary.
This requirement may apply to searches at music festivals, parks, streets and other public locations.
The seriousness and urgency requirement is an additional safeguard. Even if police have reasonable grounds to suspect that a person possesses drugs, they must separately satisfy the legal threshold for conducting a strip search in that location.
What does reasonable suspicion mean?
Reasonable suspicion requires more than a mere possibility, guess or unsupported belief. There must be facts or circumstances capable of providing a reasonable basis for the officer’s suspicion.
Depending on the circumstances, relevant information may include observations made by police, credible information received from another source or evidence connected with an alleged offence.
However, a person’s appearance, nervousness or presence at a music festival will not automatically establish reasonable grounds for a strip search.
The legality of a search must be assessed by examining the information available to police, the purpose of the search and the statutory requirements that apply to the location.
Can police touch you or search your body cavities?
No. Section 33(4) of LEPRA prohibits a strip search from involving a search of a person’s body cavities or an examination of the body by touch.
The legislation also limits the amount of clothing that may be removed and the extent of the visual inspection to what the officer reasonably believes is necessary for the purposes of the search.
These limits are important because the power to conduct a strip search does not give police unlimited authority over a person’s body.
At Australian Criminal Law Group, we offer a free first consultation. This is an excellent opportunity to meet one of our experienced and proven criminal lawyers face-to-face, share the details about the case, and ask any questions you or they might have. All first consultations are obligation-free and conducted in the strictest confidence. You can read more about our first free consultation here.
Our team of traffic lawyers have 500+ 5-star reviews on Google and 60 years of combined experience, with each lawyer having 5 to 20 years of criminal and traffic law experience.
You can read our reviews here.