Viw Magazine

Business Coach

  • Written by Vicki Sentas, Senior Lecturer, UNSW Law, UNSW

Being strip searched by the police can be intrusive, humiliating and harmful. Typically, strip searches involve being required to strip naked in front of police officers, who often give the direction to “squat and cough”, bend over or otherwise contort the body.

Strip searches are meant to only be used by officers if they suspect, on reasonable grounds, that it’s necessary “for the purpose of the search” and there are “serious and urgent” circumstances that make it necessary. But the law provides no other criteria to guide police.

In a non-policing context, having to perform such non-consensual acts would constitute a serious assault. This is why strip searches are meant to be a last resort and only used in serious and urgent circumstances.

But strip searches are on the rise in New South Wales. Earlier this year, questions on notice to NSW parliament revealed strip searches in the field (this excludes strip searches in police stations) increased by almost 47% over four years. And on average, they found nothing 64% of the time.


Read more: Six reasons Australia should pilot 'pill testing' party drugs


Our research on the law also looked at strip search data obtained from a freedom of information request and from the Redfern Legal Centre.

We found that strip searches increased from used 277 times in 2005-2006, compared to 5483 in 2017-2018, an almost twentyfold increase in fewer than 12 years.

Strip searching raises serious police accountability concerns. And reported experiences of being strip searched raise urgent questions about the legality, fairness and harmful effects of the practice in NSW. There are recent examples of people being forced to strip in public view, of police not following their own internal guidelines, and of strip searches triggering the trauma of sexual assault.

By the numbers

Our study found the law regulating strip searches in New South Wales was not strong enough to protect people’s rights and keep police accountable for unlawful strip searching.

Our findings indicate there are systemic issues about how the law is applied, not simply the misunderstandings of a handful of officers. The key issue is with how police understand the requirement that a strip search only be used in serious and urgent circumstances.


Read more: Drug laws on possession: several countries are revisiting them and these are their options


According to NSW Police data, 91% of strip searches conducted in the 2018-2019 financial year were for suspected drug possession. But only 30% of strip searches end in criminal charges.

Eighty-two per cent of charges related to drug possession, while only 16.5% were for drug supply, and 1.5% for dangerous weapons.

While we did not have access to the narrative accounts that police are meant to provide in the NSW Police database (COPS), these figures alone suggest routine unlawful practices. On its own, possessing a drug doesn’t give rise to the serious and urgent circumstances required in law to justify a strip search.

Almost half (45%) of all recorded strip searches are of young people 25 years and under. This includes strip searches of young people at festivals, driven by drug detection dog operations.

But there are also long standing concerns about the overuse of personal searches, including strip searches, against Aboriginal and Torres Strait Islander peoples.

Ten per cent of all strip searches in the field, and 22% of all strip searches in police custody in a station, are of Aboriginal and Torres Strait Islander peoples.

What’s happening in other states?

There is no single model of best practice in Australia. The law in some states is just as permissive of police, if not more so, than in New South Wales.

The Northern Territory and Western Australia have few limits on police search powers. But there are helpful elements of the regulatory frameworks in South Australia, Victoria, the ACT, Tasmania and Queensland.


Read more: New research shines light on sexual violence at Australian music festivals


These include restrictions to strip searches in the field by offence type or post-arrest, repeated advice that only general searches should be used, and mandatory safeguards for privacy, without exceptions.

But in NSW, agencies have already begun to investigate the unlawful use of strip searching. The Law Enforcement Conduct Commission is investigating strip search practices by NSW Police.

The Coronial Inquest into the deaths of six young people at music festivals in NSW is questioning police use of strip searches.


Read more: How hard is it to say 'no' to drugs?


And in June 2019, an internal NSW Police analysis reportedly disclosed concerns that strip searches were being conducted unlawfully, and about the lack of clarity around key laws.

Law reform for accountability

Our research makes recommendations for law reform to better guide police practice.

The law needs to clarify what the “seriousness and urgency of the circumstances” that makes a strip search necessary, means. We argue strip searches should only be considered if police have a reasonable suspicion of a dangerous weapons offence, or drug supply offence and there is an imminent risk to personal safety. Drug possession should not be used as a reasonable suspicion for drug supply.

The definition of a strip search should also be made more explicit and include the range of practices currently used by police to aid visual inspections of the body, such as lifting up a person’s shirt, pulling clothing away from the body or the partial removal of clothing. (Contrary to the police commissioner’s belief, a strip search is not taking off your socks and shoes).


Read more: Three Charts on who uses illicit drugs in Australia


The humiliating practice of police directing people to strip naked on their lower half and “squat and cough” must stop. It is an unlawful cavity search that only a court should be able to order as a “forensic procedure”.

Across Australia, there is little accountability or transparency around police search practices. This is in stark contrast to the UK, where the police are required by law to provide quarterly public statistics.

NSW Police and other state police can provide routine data on how they exercise their powers, and it is in the public interest that they do so.

Vicki Sentas was commissioned on a pro-bono basis by Redfern Legal Centre’s Safe and Sound Campaign for the study discussed in this article.

Michael Grewcock was commissioned on a pro-bono basis by Redfern Legal Centre’s Safe and Sound Campaign for the study discussed in this article.

Authors: Vicki Sentas, Senior Lecturer, UNSW Law, UNSW

Read more http://theconversation.com/unlawful-strip-searches-are-on-the-rise-in-nsw-and-police-arent-being-held-accountable-121986

Important Instructions for Australians Living in Camper Trailers

Living in a camper trailer offers Australians a unique way to embrace adventure and freedom while exploring the vast and beautiful landsca...

Maintaining Your Mini Digger: Tips for Longevity and Performance

If you're a proud owner or operator of a mini digger in Australia, you understand the importance of keeping your equipment in top-notch co...

Transform Your Business To Success: The Role Of Branding Agencies In Melbourne

In the bustling city of Melbourne, where every corner tells a story of innovation and creativity, the importance of branding cannot be o...

Revealing The Timeless Appeal Of Ladies' Bodysuits

Fashion has always been a canvas for self-expression, a realm where innovation and tradition intertwine to create garments that not only a...

What Is Crude Oil, and Why Is It Important to Investors?

Crude oil is the lifeblood of the global economy. As an investor, understanding the ins and outs of this vital commodity can be crucial to...

A Sweet Tooth's Guide to the Best Cakes in Melbourne

Indulge your sweet tooth in Melbourne's finest cakes! Brunetti offers decadent chocolate delights like Ciambella Chocolate Teacakes. Mel...

Alan Williams' Impact on Chicago's Defense: Analyzing Key Changes and Improvements

When Alan Williams stepped onto the field as the defensive coordinator for Chicago, expectations were high. His reputation for crafting di...

Understanding the Different Types of Pickup Truck Car Covers

Picking the right truck cover starts with understanding the various types available on the market. Each type is designed to address specif...

Understanding Commercial Plumbing in Adelaide

Introduction In the bustling city of Adelaide, where businesses thrive across diverse sectors, the seamless operation of commercial facil...

Driving into the Future: The Evolution of the Automotive Market in Australia - Trends and Predictions

Examining “the evolution of the automotive market in Australia: trends and predictions” reveals a swift embrace of electric vehicles a...

Crocs: Defying Fashion Norms and Redefining Individuality

In the realm of contemporary footwear, a singular item has emerged as a polarizing yet undeniably iconic choice: the versatile rubber shoe...

Benefits of Network Monitoring Devices in Businesses

In an era where seamless connectivity underpins business operations, ensuring a robust and secure network is paramount for any enterprise...

Tips for Staying Socially Active as a Senior

Staying socially active as a senior can be a challenging task. It becomes particularly difficult as mobility decreases, and friends and fa...

The Benefits of Living in Nature

Have you ever dreamed of buying a mountain property for sale, living immersed in nature, and being surrounded by the beauty of trees and w...

Affordable and Chic: A Guide to Stylish Splashback Tiling on a Budget

When it comes to kitchen renovations, splashback tiling stands out as a game-changer. Not only does it serve a practical purpose by protec...

How to Choose the Perfect Trailer for Your Needs

Whether you're hauling equipment for work or embarking on a weekend adventure, selecting the right trailer is essential. With a myriad of ...

Is There a downside to Taking collagen peptides? Understanding the Side Effects for a Healthier You

Introduction  Lately, everyone seems to be talking about collagen peptides. They're a type of protein that comes from collagen, a key pa...

The Best Materials for Living Room Plantation Shutters: A Comparison

Plantation shutters are a timeless and elegant window treatment that adds both style and functionality to any living space. When it comes ...

Top 5 Home Renovations That Increase Property Value

Enhancing the value of your property is a common goal for homeowners, whether they plan to sell soon or simply want to boost their investm...

Discover the Elegance of Sheer Curtains in Melbourne: A Guide to Custom-Made Sheer Elegance

When it comes to enhancing the aesthetics and functionality of your living spaces, the right choice of window treatments can make all the ...

Tomorrow Business Growth