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Corrections Act 2004

Corrections system - Coercive powers - Searching of prisoners and other persons

98E: Strip search of prisoner for purpose of detecting use of drugs or alcohol

You could also call this:

"Prisoners may be searched to check they don't cheat on drug or alcohol tests"

Illustration for Corrections Act 2004

If you are a prisoner, you might have to follow a special procedure to check if you have used drugs or drunk alcohol. This procedure is required under section 124. Before you do the procedure, you might have to get searched by an officer. You will only get searched if the procedure you have to do might let you cheat by making the sample not accurate. The officer will only search you if it is necessary to make sure you do not cheat with the sample.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996465.

Topics:
Crime and justice > Criminal law
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98D: Strip search of prisoner for purpose of detecting unauthorised item, or

"Prison officers can do a strip search if they think you have something you're not allowed to have."

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98F: Imaging technology search may be alternative to strip search, or

"Officers can use a special scanner to search prisoners instead of a strip search."

Part 2Corrections system
Coercive powers: Searching of prisoners and other persons

98EStrip search of prisoner for purpose of detecting use of drugs or alcohol

  1. This section applies to a prisoner who is required under section 124 (other than in the situation referred to in section 124(2)(d)) to submit to a prescribed procedure for the purpose of detecting whether the prisoner has used drugs or consumed alcohol, or both.

  2. Immediately before the prisoner supplies a sample in accordance with the prescribed procedure, the prisoner may be required to undergo a strip search conducted by an officer.

  3. A strip search of the prisoner may only be required under subsection (2) if—

  4. the nature of the prescribed procedure is such that there is a risk that the prisoner may dilute, contaminate, or otherwise tamper with the sample; and
    1. a strip search is necessary to ensure that such dilution, contamination, or tampering does not occur.

      Notes
      • Section 98E: inserted, on , by section 28 of the Corrections Amendment Act 2024 (2024 No 41).