PART II—GENERAL PROVISIONS.

Arrest, escape and retaking.

6. Search of person arrested.

(1) Whenever a person is arrested—

(a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or

(b) without warrant, or by a private person under a warrant, and the person arrested cannot legally be admitted to bail or is unable to furnish bail,

the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom he or she makes over the person arrested, may search that person and place in safe custody all articles, other than necessary wearing apparel, found upon him or her.

(2) Notwithstanding subsection (1), a police officer may search any person who has been arrested and may take possession of anything found on the person which might reasonably be used as evidence in any criminal proceedings.


7. Power of police officer to detain and search vehicles and persons.

(1) Any police officer may stop, search or detain any vessel, boat, aircraft or vehicle in or upon which there is reason to suspect that anything stolen or unlawfully obtained may be found and also any person who may be reasonably suspected of having in his or her possession or conveying in any manner anything stolen or unlawfully obtained, and may seize any such thing.

(2) Any police officer searching any building, vessel, carriage, box, receptacle or place under section 70 of the Magistrates Courts Act who finds in that building, vessel, carriage, box, receptacle or place anything which he or she reasonably suspects to have been stolen or unlawfully obtained may seize that thing, notwithstanding that it is not anything for which he or she is searching by virtue of the warrant.


8. Mode of searching women.

Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.


9. Power to seize offensive weapons.

A police officer or other person making any arrest may take from the person arrested any offensive weapons which he or she has about his or her person, and shall deliver all weapons so taken to the court or officer before which or whom the police officer or person making the arrest is required by law to produce the person arrested.