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 Strip-search law does not cover children 

Strip-search law does not cover children

04 Feb, 2012 03:00 AM
THERE are no specific laws covering the strip-search of a child in Tasmania, a police representative has said.

The strip-search of a 12-year-old Hobart girl during a drug raid at Gagebrook last week was conducted under the Misuse of Drugs Act, but this legislation does not make age-specific provisions.

Australian Lawyers Alliance president Greg Barns said the law needed to be repealed to make specific reference to children.

``There's a genuine degree of shock that a strip-search without any degree of judicial oversight can happen anywhere in Australia,'' Mr Barns said.

``There's nothing to stop a three-year-old being strip-searched - I'm not suggesting that would happen, but there's nothing in the legislation to say it can't.''

The girl was strip-searched twice by two female police officers last Wednesday.

The search took place in her bedroom with her mother present.

Deputy Police Commissioner Scott Tilyard said he was satisfied that the officers were justified in searching the girl and that the search had been lawful and appropriate, according to police protocols.

Mr Barns said Tasmania was the only jurisdiction where the rules for strip-searching children were not laid out in legislation.

New South Wales, Victorian and Commonwealth law all prohibit the strip-search of anyone under 10 years.

For a child aged between 10 and 18 to be searched, they must be under arrest or a court order must be be obtained by a magistrate.

A parent or guardian must be present at all times.

Mr Barns said a court order, which he said could be secured ``within minutes'' over the phone, should be required in Tasmania.

Bravehearts founder Hetty Johnston said Tasmanian law should be brought into line with other states.

Ms Johnston said inconsistencies across jurisdictions were ``the major problem in child protection''.

She said she had not been briefed on this particular incident but police should need extraneous circumstances to justify the strip-search of a child.

``I can't imagine a human being not being upset, of any age, about being strip-searched,'' she said.

If police did need to strip-search a child, it should be done at a hospital or other ``less confronting'' environment.

Children's Commissioner Aileen Ashford has called for an ``urgent review''.

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Date: Newest first | Oldest first
Problem is not with the strip search itself, the problem is this child's parents put this child in a situation where the child was at risk, the police were only doing there job, it's the parents fault by putting the child in this situation.
Posted by Johno, 4/02/2012 8:01:45 AM, on The Examiner
What would you do if you were in this situation?

Some parents just do not care because they are so self centred that they ignore the kids who get into strife.

The kids turn into street smart little street wise devils repeatedly known to police that cause the police massive headaches

This is just the tip of the iceberg!

Posted by Tasmanian, 4/02/2012 10:13:29 AM, on The Examiner
Why do you keep going to Greg Barnes? Of course hes going to say what he does, he's a LAWYER!!!!!!There are two sides to this story, not that youd know that here ...
Posted by CodeRedAlert, 4/02/2012 10:55:07 AM, on The Examiner
If people are aware that a child under a certain age cannot be searched then if they are involved in anything to do with drugs, they will plant the evidence on that child. And even under other States' laws they are eventually searched anyway if they are over 10 years old..
Posted by Jonas, 4/02/2012 11:04:01 AM, on The Examiner
Perhaps you can justify the first strip search,but a pat down search should have been sufficient the second time as the search was under-way and all persons present should have been adequately observed according to Police practices.

The threat of strip searching your child for a second time could be used if the Police were not getting the answers they wanted .This is simply not a good law when we have sniffer dogs and a multitude of other methods to use.

Posted by Gagged, 4/02/2012 11:47:29 AM, on The Examiner
Good stuff, 'Code Red Alert': You think it's okay to strip search a 12 year-old. Just to get evidence to convict her parents. And then to do it a second time. Good stuff. You'll be up there for Australia Day honours next year. How good you are.

Good stuff Johno, and good stuff Tasmanian and Jonas. Go out and give your Rottweilers a feed, and ponder how good is your bogan red-neck universe.

No wonder you guys use pseudonyms.

Posted by Garry Stannus, 4/02/2012 3:32:17 PM, on The Examiner
Junkies & grubs will do anything to save their disgusting backsides, even if it means using babies & children to do so!
Posted by anon like ewe, 4/02/2012 4:43:20 PM, on The Examiner
Last year a little 12 year old girl was prostituted to (according to the media) to over

100 men. The Police know some of the men

involved but to date only 1 man has been

prosecuted and people are carrying on about one strip search carried out under

proper Police supervision.

Posted by bobe7316, 4/02/2012 5:34:56 PM, on The Examiner
Every drug dealer in town will be getting their own pet 12yo to store the drugs if Mr Barns gets his way...
Posted by Michael Hunt, 4/02/2012 5:48:50 PM, on The Examiner
To: Garry Stannus

Don't you think the real problem is her parents having drugs? The police would not be there if she had caring parents. If they were really interested in protecting their child from the law, they would not be breaking the law.

As the only one in favor of the lawyers position, I think it is a bit unrealistic to imagine every one else to be a red-neck bogan. Yet maybe that is how normal people appear to radical environmental activists. Yeah, maybe you should consider a pseudonym.

Posted by xecute, 4/02/2012 6:31:07 PM, on The Examiner
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