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Legal service ‘deeply disappointed’ with strip-search consequences

A suite of reports has detailed the excessive and unlawful strip searching of young people but has not recommended consequences for the NSW Police officers involved.

user iconNaomi Neilson 15 May 2020 Big Law
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The Law Enforcement Conduct Commission (LECC) has released a set of documents on five separate investigations into strip searches in NSW, all of which have been recognised as unlawful on the part of the officers and “humiliating” for the young people involved.

In one instance, video footage released by the commission shows police forcefully pulling down the pants of a 16-year-old Aboriginal boy in the garage of a police station, while two other officers watched. When the boy protested and told them, rightfully, the conduct was not lawful, the officers simply replied: “You don’t know the rules, we can search you.”

Aboriginal Legal Services (ALS) principle solicitor Sarah Crellin said the report found the incidents were “deeply intrusive, disempowering and [a] degrading process”.

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“Aboriginal people and communities are often targets of discrimination and over-policing, and the excessive use of strip searching caused significant emotional and psychological harm in Aboriginal communities, particularly for children and young people,” she said.

In music festivals, teenagers as young as 15 were searched. One 16-year-old girl told the commission she was “completely humiliated” and “could not stop crying” while the officers made her squat uncomfortable in a tent that was not closed properly.

Three boys were also found to have been unlawfully searched at the Lost City under-18s festival in Sydney in 2019. They are among some left embarrassed by the encounters.

All of these instances were determined to be unlawful by the commission, with the LECC adding the police lacked the “appropriate understanding of the legal requirements” around strip searches and “had not received adequate training” before taking the post.

Despite the findings, the commission did not recommend any disciplinary action for those involved or the wider NSW Police force, leaving many critics “deeply disappointed”.

“The reports note that changes have been made to police procedure [and more] training programs are in place. And yet we continue to see our clients subjected to discriminatory and degrading practice,” said Ms Crellin.

“The NSW government must act immediately to ensure that appropriate legal safeguards are put in place to protect our kids and our communities.”

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