Data put on the public record in 2019 shows that strip searches increased by 46.8 percent over four years and on average, found nothing 64 percent of the time.
...
The findings of this study also draw on the limited data available on the public record, new data obtained under freedom of information, and illustrative case studies provided by the report’s advisory group to assess aspects of how the law operates in practice. The advisory group’s clients’ experiences of being strip searched at festivals, train stations, in the street, in the back of police wagons and in custody highlight instances of poor, abusive and potentially unlawful police practices. This is not to suggest that all strip searches being conducted are unlawful. No doubt there are instances of legitimate police uses of strip search in serious and urgent circumstances where the legal criteria have been met. However, this research is not an empirical study of police strip search practice. The limited available data and the lack of transparent information does not make a comprehensive study of this kind possible. The NSW Police are able to record and release comprehensive data on the use of strip searches, and it is in the public interest that they do so.
HOW ARE STRIP SEARCHES BEING USED IN NSW?
Key facts
Increase in strip searches
• Strip searches were used 2774 times in the 12 months to 30 November 2006 compared to 5,4835 in the 12 months to 30 June 2018, an almost 20 fold increase in less than 12 years.
Reasons for strip searches
• Police suspicion that a person possesses prohibited drugs accounts for 91 percent of all recorded reasons why police conduct a strip search (financial year 2018-2019). Police suspicion that a person has engaged in drug supply is not recorded as a category of reason for conducting a strip search.
...
Strip searches of young people
• Almost 3 percent of all recorded strip searches in the field are of children under the age of 18 (financial year 2017-2018). 45 percent of all recorded strip searches are of young people aged 25 years and younger (financial year 2017-2018).
...
Unlawful strip searches are potentially widespread
The available evidence suggests that police are not always meeting the legal criteria for using strip
searches.
a. Police data shows that routinely, strip searches are not being used in serious and urgent circumstances, indicating widespread contravention of the law. Police suspicion of drug possession accounts for the vast majority of strip searches, but mere possession of a prohibited drug alone does not legally justify a strip search.
...
b. The New South Wales Courts have found that police are not turning their minds to the legal requirements for conducting a strip search, as set out in the statute. When strip searches are conducted in the absence of legal justification, they are carried out by police for a range of non-legal purposes, including punishment and humiliation.
...
c. Case studies provided by lawyers suggest that strip searches are being conducted at music festivals and other sites such as railway stations in relation to often lower-level drug offences (such as possession of a small quantity of drugs for personal use), in circumstances where there is no immediate, serious threat to personal safety.
In non-festival settings, people are being strip searched in circumstances where it is not clear why a strip search is necessary, or why the circumstances are serious and urgent. For example, where a person is suspected of shoplifting or stealing a car.
...
7 Children should be protected
Currently, the police must apply exactly the same legal tests for adults and children when deciding whether to strip search a child in the field. The legal thresholds are not designed to protect children. The only protection for children currently in the law is the prohibition against strip searching a child under 10 and the requirement that a child be accompanied by an independent adult during a search. But LEPRA allows for an independent adult to be dispensed with if it is not reasonably practicable in the circumstances for police to locate an appropriate adult