- Laws of Fiji

Last Updated: 1 December 2016

[CS 12,275] Procedure4

Strip Searches

4.1 The officer in charge or delegate must ensure that all prisoners are strip searched upon arrival at the prison.

4.2 The officer in charge or delegate must ensure that all prisoners are strip searched after visits.

4.3 The officer in charge or delegate may order a strip search when it is believed that there is a threat to the security or good order of the prison or prisoners.

4.4 An officer shall conduct a strip search in the following manner—

(a)all strip searches are to be conducted in a screened area;
(b)all strip searches are to be conducted by 2 officers of the same sex as the person being searched;
(c)where a female prisoner is to be searched and 2 female correctional officers are unavailable, 2 female civilian members may conduct the search;
(d)where there is only one female officer available for the strip search of the female prisoner, the male correctional officer will place himself or herself in a position where he or she can observe the female officer but not the female prisoner;
(e)the prisoner must be required to remove all clothing and footwear and face the officer with arms to the side horizontal to the ground with fingers fully extended and feet apart (approximately 50 cm);
(f)the prisoner will hand clothing as removed to an officer, who will then search the clothing;
(g)a visual search shall be conducted of the person’s mouth, hair and head;
(h)the person being searched shall comb through the hair with fingers while bending forward;
(i)the person being searched must be directed to turn away from the officer conducting the search and lift each foot off the ground and wriggle the toes to enable visual examination of the feet;
(j)where considered necessary, the person being searched shall be directed to bend over and part the cheeks of the buttocks or to lift the testicles or breasts where appropriate to ensure that nothing is concealed in those areas.

4.5 Strip searches must be conducted expeditiously, preserving the dignity of the person being searched as much as possible.

4.6 The searching officers must not touch a person whilst unclothed during the strip search unless—

(a)the person has refused to cooperate with the search; or
(b)it is considered necessary in the interests of security.

4.7 Where order 4.6 applies, force may be used to conduct a strip search, but only the minimum necessary after all other efforts to obtain cooperation have failed.

4.8 An officer shall not conduct a strip search for any reasons other than those above unless directed by the officer in charge or an officer authorised by the officer in charge.

Rub Down Searches

4.9 Any officer may conduct a rub down search of a prisoner when an officer suspects that the prisoner is carrying a prohibited item.

4.10 Officers responsible for a work party will ensure that all prisoners in the party are searched before they leave and when they return to the compound.

4.11 Escorting officers shall conduct rub down searches prior to prisoners leaving the prison.

4.12 The compound gate officer shall rub down all prisoners when leaving and returning to the institution.

4.13 Rub down searches must be conducted by one or more officer(s) in the following manner—

(a)check the head and hair before rubbing both hands along and under the arms, into the armpits, down the body to the waist area;
(b)move the hands completely around the waist area, probing underneath the waistband or belt with a thumb or finger;
(c)run both hands down the legs on the outside and up on the inside;
(d)search the crutch area by taking one hand from back to front and back again between the legs; and
(e)order the person being searched to lift the feet and extend toes to ensure that nothing is concealed under the feet.

Prisoner Accommodation

4.14 The compound officer must ensure that accommodation searches are conducted on a daily basis in the following manner—

(a)all bars are tapped;
(b)walls, floors, ceilings and roofs are observed for signs of disruption;
(c)all bedding is removed and checked;
(d)all articles are searched to ensure that no prohibited articles or substances are concealed Commissioners Local Order 012.

4.15 The main gate officer is responsible for ensuring that all vehicles are searched in the following manner—

(a)the driver and any passengers shall be ordered to stop the vehicle, turn off the engine, disembark and move away from the vehicle to an area indicated by the officer;
(b)the keys to the vehicle must be handed to the officer;
(c)a rub down search will be conducted of the driver and all passengers by another officer at the same time that the vehicle is being searched;
(d)all the doors, the boot and bonnet shall be open and a thorough inspection made of all areas of the vehicle, including the underside;
(e)any articles in the vehicle shall be removed prior to the inspection where practicable and subjected to separate inspection;
(f)details of the search are to be recorded in a Search Register kept at the entrance to the prison;
(g)vehicles may be searched at the entrance to the prison by the senior officer on duty immediately prior to leaving the prison where it is considered necessary in the interests of security;
(h)vehicles that have entered an area where prisoners are or likely to be, shall be searched;
(i)the main gate officer must record in the gate log the following details:
- (i)vehicle owner;
- (ii)make of the car;
- (iii)registration number;
- (iv)colour of vehicle;
- (v)driver of vehicle;
- (vi)number of passengers;
- (vii)time and date;
- (viii)detail any contrabands.

Perimeter Search

4.16 The officer in charge of the shift will ensure that an officer is directed to search the compound and perimeter fence prior to an unlock and at the commencement of each shift.

4.17 The officer in charge of the shift shall not give the order to unlock until satisfied that the area is secure.

4.18 The searching officer must ensure the following—

(a)fences have not been tampered with/breached;
(b)no contraband is present in the area;
(c)no suspicious persons or vehicles in the area;
(d)there is an unobstructed view of the fence;
(e)that the immediate area is free of any articles/items that may aid an escape;

4.19 The officer in charge of the shift must record the outcome of the search in the Compound Register.

Workshops

4.20 The officer in charge of the workshop must ensure that the workshop building and surroundings are searched thoroughly before and after use by prisoners.

4.21 The officer in charge of the shift must ensure that all buildings accessed by prisoners are searched a minimum of once per week. These buildings shall include shower blocks, chapel, library, classrooms, medical facility and any other buildings or areas considered necessary.

Items entering the institution

4.22 The main gate officer must ensure that all articles either leaving or entering the institution are searched for prohibited articles and details recorded in the Main Gate Search Register.