We recently had an question asked to us via our Facebook page by a concerned mother:
What would you tell a child to do if they were about to undergo a strip search?
We would suggest that in that situation, the young person asks police to let them speak to a lawyer. In addition, it would be appropriate to ask for the details of the police officer (name and place of duty) and the reasons for the search. After this, the young person can, and should, express verbally that he or she does not allow the search to take place.
Please note that the legislation does not allow police officers to conduct strip-searches on children who are under 10 years of age. For children aged 10 to 18, the search can happen if the parent, guardian or representative is present. If this is not possible, a person representing the interests of the child, who is not a police officer, must be present. In this case, their presence needs to be acceptable by the child.
If they have any concerns, then they can call us if they need legal advice. Please don’t hesitate to get in touch with us on (02) 9261 4281.
You should also see our Strip Search and Personal Search FAQ and fact sheet.