D4.14 Search of detained person

D4.14.1 Rub-down search of detained person

See also Search and Surveillance Act 2012 s 85

1. An authorised immigration officer may, in accordance with section 85 of the Search and Surveillance Act 2012, carry out a rub-down search of a person who he or she has detained under the Immigration Act 2009, in order to ensure that the person is not carrying anything that may be used to
   1. harm any person; or
   2. facilitate the person’s escape.
2. A rub-down search means a search of a clothed person in which an immigration officer conducting the search may do any or all of the following:
   1. run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than the underclothing) of that person;
   2. insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched.
   3. for the purpose of permitting a visual inspection, require the person being searched to do any or all of the following:
      • open his or her mouth; or
      • display the palms of his or her hands; or
      • display the soles of his or her feet; or
      • lift or rub his or her hair.

D4.14.5 Things that can be done to facilitate rub-down search

See also Search and Surveillance Act 2012 s 86

1. An immigration officer conducting a rub-down search (see D4.14.1(b)) may require the person being searched to:
   1. remove, raise, lower or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, except where that person has no other clothing or only underclothing, under that outer clothing; and
   2. remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.
2. A rub-down search of a person may include searching:
   1. any item carried by, or in the possession of the person, and
   2. any outer clothing removed, raised, lowered, or opened for the purposes of the search, and
   3. any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.

D4.14.10 Rub-down search may include visual examination

See also Search and Surveillance Act 2012 s 87

A rub-down search may include a visual examination of the mouth, nose, and ears. Such a visual examination can be facilitated by any instrument or device designed to illuminate or magnify, but must not include the insertion of any instrument, device, or thing into any of those orifices.

D4.14.15 Rules about searching persons

See also Search and Surveillance Act 2012 s 125

1. When an immigration officer exercises a power to search a person, he or she:
   1. must identify himself or herself either by name or immigration warrant card number; and
   2. must state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
   3. must produce his or her immigration warrant card as evidence of his or her identity; and
   4. may use any force that is reasonable for the purpose of the search, and
   5. may use any equipment or aid to facilitate the search, if it is used in a way that:
      • involves no or minimal contact; and
      • is reasonable in the circumstances; and
   6. may, if he or she considers that it is in the interests of the person to be searched, request:
      • the assistance of a medical practitioner or nurse; and/or
      • the assistance of a parent, guardian, or other person for the time being responsible for the day-to-day care of the person to be searched; and
   7. may search any item that:
      • the person is wearing or carrying; or
      • is in the person’s physical possession or immediate control; and
   8. may seize anything carried by the person or in the physical possession or immediate control of the person being searched if that thing is the subject of the search or may otherwise be lawfully seized.
2. An immigration officer who carries out a rub-down search must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search.
3. If an immigration officer exercises a power to search a person, or searches a person with his or her consent, the immigration officer must ensure that an inventory of any items seized as a result of the search is prepared promptly and that a copy is given to the person searched.

D4.14.20 Guidelines and rules about use of strip searching

See also Search and Surveillance Act 2012 s 126

1. The Search and Surveillance Act 2012 requires the chief executive to issue guidelines concerning the circumstances (if any) under which a strip search may be conducted by an immigration officer who is authorised to exercise a power to search a person.
2. Under no circumstances will an immigration officer conduct a strip search of a person he or she has detained. Immigration officers will seek assistance from police if they have any concerns that a person who has been detained has concealed an item that may be used to harm any person, or facilitate that person’s escape, and that item cannot be seized as a result of a rub-down search.

Effective 08/10/2012