- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
142.—(1) Without prejudice to any power of search referred to in the Act, the Governor may order the search, at any time, of any officer or employee and this search may involve any number of the following processes—
(a)a search of the officer’s or employee’s person;
(b)a search of the officer’s or employee’s clothing;
(c)a visual examination of the officer’s or employee’s open mouth but no equipment or force may be used;
(d)a search of any items of property in the officer’s or employee’s possession whilst in the prison, including any items of property which are kept by the officer or employee in his or her locker or any other place within the prison;
(e)where the officer or employee is in charge of any vehicle which they intend to take into any restricted area of the prison, a search of that vehicle and any items of property found in that vehicle.
(2) Where a search is conducted under this rule—
(a)in the case of a search mentioned in paragraph (1)(a) or (b) the officer conducting the search must be of the same gender as the person being searched;
(b)the search must be conducted as quickly and decently as possible;
(c)except in the case of a search under paragraph (1)(c), the use of reasonable force is permitted where it is necessary and such force must be reasonable and proportionate to the threat or resistance posed by the person being searched.
(3) An officer or employee who is being searched under this rule cannot be required to remove, and a search under this rule must not involve the removal of, any clothing other than an outer coat, jacket, headgear, footwear and gloves.
(4) A search conducted under paragraph (1), other than a search carried out under paragraph (1)(c), may be carried out by—
(a)hand;
(b)the use of equipment involving the application of a suction device or a swab on or to the officer’s or employee’s clothing, any items of property mentioned in paragraphs (1)(d) or (e) or any vehicle mentioned in paragraph (1)(e) in order to collect substances from their surface;
(c)the use of equipment involving the analysis of substances collected under sub‑paragraph (b) for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;
(d)the use of equipment designed to detect the existence of metal objects; and
(e)the use of trained sniffer dogs under the control of a trained officer.
(5) Where a search conducted under this rule involves the use of equipment under paragraph (4)(b), (c) or (d), that equipment must be used in accordance with the manufacturer’s instructions.
(6) Where an officer finds any prohibited article in the course of a search carried out under this rule, he or she may seize that article and deal with it in accordance with rule 104.
(7) Where an officer or employee is searched by an officer under section 41(2A) of the Act—
(a)an officer of the same gender as the person being searched must conduct the search and another officer of the same gender must be present during the search;
(b)the search must be conducted outwith the sight of any person who is not an officer;
(c)the search must be conducted as quickly and decently as possible; and
(d)if it is necessary to use reasonable force under section 41(2B)(d) of the 1989 Act, the force used must be proportionate to the threat or resistance posed by the person being searched.
(8) For the purposes of this rule—
(a)any power to search includes the power to examine; and
(b)“restricted area of the prison” means any area of the prison to which access is controlled but does not include car parks provided for the use of visitors, persons providing contracted out services, healthcare professionals, officers or employees.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Mae Nodyn Gweithredol yn nodi datganiad byr o ddiben Offeryn Statudol yr Alban ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Ei nod yw gwneud yr Offeryn Statudol yr Alban yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol ac maent yn cyd-fynd ag unrhyw Offeryn Statudol yr Alban neu Offeryn Statudol Drafft yr Alban a gyflwynwyd yn fanwl gerbron Senedd yr Alban o Orffennaf 2005 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys