20/Aug/2004 - Current (at 31 Dec 2005)
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    41. Search of prisoners etc.

    (1) A prison officer may, if so ordered by the superintendent, search a prisoner and take from him any thing found on his person

    (a) which apparently was not issued to him with the approval of the superintendent;

    (b) which has been retained by him without the approval of the superintendent; or

    (c) which, although issued or retained with the approval of the superintendent, appears to the superintendent to constitute a threat to or breach of the security or good order of the prison.

    (2) A prison officer may use such force as is reasonably necessary for the purpose of performing his duty under subsection (1).

    (3) Any thing taken from a prisoner under subsection (1) may, subject to section 49B of this Act and to section 6(2) of the Weapons Act 1999, be

    (a) retained by the superintendent and returned to the prisoner on his release;

    (b) returned to any person who claims to be, and appears to the superintendent to be, the owner of the thing; or

    (c) upon the order of the chief executive officer, destroyed or otherwise dealt with.

    [Section 41 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 43 of 1999 s. 11.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.