Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

YOUTH JUSTICE ACT 2024 - SECT 75

Search

    (1)     Subject to subsection (2), a police officer may pat‑down search a child in respect of whom the transport power is being exercised if the police officer believes on reasonable grounds that the child is carrying any thing—

        (a)     that presents a danger to the health and safety of the child or another person; or

        (b)     could be used by the child to avoid transportation.

    (2)     Before a pat-down search of a child under subsection (1) is conducted, a police officer must—

        (a)     inform the child

              (i)     of the police officer's authority to conduct the pat-down search and the reasons for conducting the search; and

              (ii)     that the police officer intends to pat‑down search the child; and

        (b)     if it is safe to do so, ask the child to produce to the police officer any thing—

              (i)     that presents a danger to the health and safety of the child or another person; or

              (ii)     could be used by the child to avoid transportation.

    (3)     A child may be searched under subsection (1) even if the child produces to a police officer a thing after being asked under subsection (2)(b).

    (4)     If it is reasonably practicable in the circumstances, a search under this section must be conducted by—

        (a)     a police officer of the sex or gender identity nominated by the child; or

        (b)     if the child does not nominate a sex or gender identity, a police officer of the same sex or gender identity as the child.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback