Redfern Legal Centre (RLC) is calling on the government to implement the strip search recommendations made today by the Deputy State Coroner, Harriet Grahame.
The Deputy State Coroner has found that strip searches are causing harm to young people and the law needs immediate reform.
She has recommended the following reform to strip search law: that strip searches in the field be limited to circumstances where there is a reasonable suspicion that the person has committed or is about to commit an offence of supply of a prohibited drug, or where there are reasonable grounds to believe that the strip search is necessary to prevent an immediate risk to personal safety or to prevent the immediate loss or destruction of evidence; and that a positive indication from a drug detection dog is not sufficient to form “reasonable suspicion”, nor is the failure of a personal search to yield any prohibited substances.
Samantha Lee, Head of Police Accountability practice at Redfern Legal Centre, states, “We know strip searches are causing great harm to the community and now we have the Deputy State Coroner confirming that this invasive practice is having a devastating impact on young lives.”
The proposed changes recommended by the Deputy Coroner are far from radical, but merely reflect parliament’s original intent that such an invasive procedure be only utilised in the most exceptional of legal circumstances.”
“With the music festivals season fast approaching, its vital that strip search laws be changed to prevent further young people being subjected to these invasive searches.”
Recent data obtained by Redfern Legal Centre reveals that for a three-year period (2016-2017-2018-19) nearly 2,000 young women aged 25 and under have been strip searched. For a two-year period (2016-17 to 2017-18), young adults aged between 18 and 25 were subjected to 4,011 strip searches.
The Deputy State Coroner’s recommendations have been informed by the in-depth report into strip search laws prepared by Dr Michael Grewcock and Dr Vicki Sentas Rethinking Strip Searches by NSW Police, commissioned by RLC.
For further information, contact Samantha Lee, RLC Head of Police Accountability: 0418 491 459 | sam@rlc.org.au
8 November 2019 | FOR IMMEDIATE RELEASE
Coroner finds strip searches are causing harm and calls for change to the law
Under access to information laws, Redfern Legal Centre has obtained statistics from NSW Police on the number of females that have been strip searched during the financial years: 2016-2017, 2017-2018 and 2018-2019.
The statistics break-down the data by: age, racial appearance, no item found, drug dog detection and no item found after drug dog detection.
Redfern Legal Centre also sought a break-down of the number of females that were requested to lift breasts during a strip searches, but was informed the information is not recorded.
Redfern Legal Centre also sought a break-down of the number of females that were requested to squat during a strip search, but was informed police “cannot source this information without reading each event narrative which is not possible due to the volume.”
The statistics obtained reveal that over a three-year period there were 3,919 females strip searched. Two thirds of these strip searches (2,569) found nothing – 66 percent on average.
Of the total number of strip searches, school age children (12 to 17 years) accounted for 3% of searches (122). These figures being:
- two girls aged 12-years
- eight girls aged 13-years
- seven girls aged 14-years
- 21 girls aged 15-years
- 34 girls aged 16-years
- 50 girls aged 17-years.
Young women aged 25 years and younger accounted for 48 % of the total searches (1895). The oldest woman strip searched was aged 72.
In 28% of the total strip searches (1095), drug dog detection was the reason for the type search. Of these searches 56% found nothing.
Out of the total number of females’ strip searched the females were categorised by police as being the following ‘racial appearance’: Caucasian - 71 %, followed by Aboriginal - 10 %, East Asian - 6 % and Middle Eastern – 3 %.
Samantha Lee, Head of Police Accountability Practice at Redfern Legal Centre, said “Girls as young as twelve and thirteen, some just finishing primary school, are being taken by police to a strange place and ordered by someone with a huge amount of power to take off their clothes.”
“There is no doubt these young women would have been scared, some terrified and most having no idea of their legal rights.”
“We know from the recent LECC hearings, that young women are being asked to squat, and in the LECC case, an officer got on the ground and looked underneath the young woman. How many other young women have been subjected to such concerning police practice?”
“The figures also reveal that women of Aboriginal and East Asian appearance account for the largest appearance category after women of Caucasian appearance.”
“Young children are particularly vulnerable and at risk of harm from being strip searched. The current legal thresholds and procedures fail to fully protect children from such harm.
“To protect children the law must be changed to prohibit the strip searching of children, unless a court order is obtained.”
For media enquiries please contact:
Joanna Shulman CEO Redfern Legal Centre: 0401 933 789. Email joanna@rlc.org.au.
06 November 2019 | FOR IMMEDIATE RELEASE
