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Girls aged 12 and 13 strip-searched by NSW Police

By Laura Banks

Girls as young as 12 and 13 are being strip-searched by NSW Police, with the intervention increasing by 30 per cent for females aged under 17, as experts called for an immediate end to the “barbaric act”.

From July 2022 to June 2023, three primary-school-aged girls and six 13-year-old girls were strip-searched, meaning they had to remove or move clothing because police believed they were concealing drugs or a weapon.

New data reveals NSW Police have been targeting girls as young as 12 with strip-search powers.

New data reveals NSW Police have been targeting girls as young as 12 with strip-search powers.Credit: James Alcock

The powers were used on 107 children during 2021-22 and 2022-23, with the youngest boy subjected to the intervention aged 14. More than 20 per cent of the children searched were Indigenous.

Associate Professor Liz Scott, from the Brain and Mind Centre Youth Model at the University of Sydney, said forcing children to take off their clothes in front of officers was “draconian and totally heavy-handed” and “may cause long-term harm”.

“The numbers for this type of intervention should be going down, not up,” she said.

“Strip-searches are more likely to force young people into risky behaviour, they’re not going to engage police for other safety measures, they won’t participate in pill testing and presumably there is no after-support for these children, either. This can have an irreparable impact on their lives.”

The data, obtained by freedom of information laws by Redfern Legal Centre, revealed the use of strip-searches on young girls jumped from seven to 25 between 2021-22 and 2022-23. Boys under the age of 17 were subjected to the intervention 44 times and 31 times over the same periods.

NSW Police are only permitted to carry out a strip-search if the situation is serious or commands urgency. It is not clear if a parent or guardian was with any of the children at the time of the searches, but if police believe a search needs to be done immediately for safety reasons or to prevent evidence from being destroyed, they can use the power without adult consent.

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The state government last week introduced an overhaul of drug laws whereby people who are caught with small quantities of illicit drugs for personal use could be issued with fines that may be worked off if they sought help.

Redfern Legal Centre senior solicitor Samantha Lee said the data showed that the intervention was being used as a routine practice of police and not as the law intended, and hoped the updated legislation would mean that the need for strip-search was minimised.

“No child should be allowed to strip down naked in front of an adult, even, police or no police, and in the majority of strip-searches they find absolutely nothing. So it’s highly likely that these strip-searches are occurring for no reason and the child has done absolutely nothing wrong,” she said.

“I cannot understand how children in NSW can be strip-searched in 2023. It’s just barbaric, it fails to adhere to any child protection or child safety principles. It’s harmful, invasive and it’s child abuse.”

More than 40 per cent of strip-searches were on young adults aged 18 to 29, however, nothing illegal was found in 58 per cent of cases. Where something was found, 75.5 per cent of the time it was illegal drugs, the data showed.

The oldest person to be strip-searched was 72, the data found, and while First Nations people account for three per cent of the NSW population, they were represented in 14 per cent of strip-searches undertaken, with a total of 4591 strip-searches carried out over the two-year period.

Sydney Olympic Park (263 in 2022-23, 125 in 2021-22) was the most-searched suburb, which correlates with the number of music festivals held in the area. Last financial year, Sydney CBD (142), Surry Hills (137), Bondi Beach (61), Merrylands (35), Liverpool (34), Haymarket (34), Marrickville (34), Parramatta (30) and Waterloo (30) were also frequently searched.

A report released by the Law Enforcement Conduct Commission in September found that less than a third of NSW Police strip-search records over the past two years demonstrated that officers had complied with the rules designed to protect privacy and dignity. At the time NSW Police blamed new training and process forms not being communicated effectively.

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Police Minister Yasmin Catley did not comment when asked if there was a need for a review of the powers, or if the new drug laws meant the intervention should be used less, responding, “If anyone has a complaint about the conduct of NSW Police, it can be made to the commissioner of police or to the Law Enforcement Conduct Commission.”

A NSW Police spokesperson said: “Officers are trained to deal with the public in a respectful and empathetic manner, and to be aware of potential cultural sensitivities. There are additional safeguards for children (aged 10-18) and vulnerable people with which police must comply.”

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correction

The details about the number of boys subjected to strip searches have been updated.

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Original URL: https://www.theage.com.au/link/follow-20170101-p5ecig