Children’s Commissioner says routine strip searching of minors should be stopped

UPDATED: Tasmania’s Children’s Commissioner has released advice she has prepared relating to the strip searching of minors held in custody.

Commissioner for Children and Young People Leanne McLean has released her advice to the State Government in relation to strip searching of children and young people held in custody in Tasmania. Picture: LUKE BOWDEN

STRIP searching of children and young people held in custody should only be carried out as a last resort, Tasmania’s Children’s Commissioner says.

Commissioner Leanne McLean today released the advice and recommendations she presented to the State Government about strip searching of children and young people, which included eight recommendations.

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“I propose a new approach to all searches of children in custody, where decisions on when and how to search are based on considerations of risk and on what is reasonable and necessary in the particular circumstances,” she said.

“The routine practice of strip searching of children and young people in custody cannot be justified and should cease.”

Ms McLean recommended:

ROUTINE strip searching of children and young people in custody be stopped.

LEGISLATION governing the searching of children and young people be the same, regardless of whether they were being held in police custody, at a detention centre or reception prison.

CONSIDERATION be given to including in the legislation the principles, hierarchy of searches and criteria to guide decisions.

CONSIDERATION be given to using alternative security strategies or technologies, such as body scanners.

THE use of force be limited to circumstances of last resort and, if force is required, there should be clear lines of authorisation.

REGULATIONS should clearly outline the way in which the searches are to be conducted so as to promote the dignity and self-respect of the child or young person concerned and to minimise any associated trauma, distress or other harm.

THE key elements of the laws and regulations relating to searches, and information about how to make a complaint, be provided to children and young people in a child-friendly format before any search is conducted.

ALL searches of children and young people held in custody be recorded on a search register.

Commissioner for Children and Young People Leanne McLean. Picture: LUKE BOWDEN

Ms McLean said media reports about routine strip searching of minors entering the Hobart Reception Prison prompted her to prepare the advice.

Ms McLean said Justice Department figures showed 218 minors in the custody of the Tasmania Prison Service were subject to a strip search by prison staff last year.

Communities Department figures show 203 unclothed searches were conducted on children and young people at Ashley Youth Detention Centre between June 1 and November 30 last year.

She said no contraband was found as a result of those searches.

“In an ideal world where we had re-cast legislation we’d take account of a basic principle that the least intrusive methods should be exhausted first so that may see less of a reliance on strip searching and more of a reliance on other approaches before we to go to a strip search, and in some cases strip searches simply wouldn’t be required,” she said.

Ms McLean requested an urgent briefing on strip searching of minors in Tasmania following revelations of a fake arrest and detention of a boy, 11, by an off-duty police officer in January.

Ms McLean said she had received an initial response from the Government.

Attorney-General Elise Archer. Picture: MATT THOMPSON

“That advice is quite positive and I am feeling quite optimistic [that] the Government are … already looking at taking some action to end the routine practice at an operational level but there will be some consideration given to legislative change in the future,” she said.

Attorney-General Elise Archer said the Government had started implementing a new searching protocol that she said balanced the security and self-harm risks with minors’ dignity and wellbeing.

“Therefore, we welcome the advice from the Commissioner for Children and Young People, in particular her recommendation in relation to consistency in searching processes across different custodial facilities in Tasmania,” Ms Archer said.

“The Government will continue its discussions, to determine the best approach for a more consistent legal framework to support this work.”