Personal Searches (NT)
In 2024, the NT government made changes to the laws surrounding when the police can search persons without a warrant. The powers of police to conduct personal searches are outlined in the Police Administration Act (NT). This page sets out the different situations where the police may conduct a personal search in the NT.
Personal searches without warrants
The Police Administration Act empowers the police to carry out personal searches without a warrant in three situations.
Urgent searches
Under section 119, police may search a person without a warrant in circumstances of such seriousness and urgency as to justify this.
Under this section, police may search a person, their clothing, and the property in their immediate possession, and enter a place where they believe there may be anything connected with an offence.
Searches for weapons
Under section 119AA, the police may search a person if they believe on reasonable grounds that the person has unlawful possession of an explosive, a restricted weapon or ammunition. The police may seize weapons and ammunition found during a search.
Searches for drugs
Under section 120C, the police may stop detain and search a person in a public place if they have reasonable grounds to suspect that they are carrying a dangerour drug, precursor, or drug manufacturing equipment.
Handheld scanners
The police may search a person using a handheld scanner (metal detector) in certain public areas including at public transport facilities and on public transport. The police may also conduct these searches in a school with the consent of the principal.
If a handheld scanner indicates the presence of metal, the police may require the person to take out the item that is setting it off and resubmit to a scan. If the item is a restricted weapon, such as a knife, the police may seize it.
Personal searches with warrants
Under section 117, a court may issue a search warrant authorising the police to search a person, their clothing and the things in their possession. This warrant may be issued where there are reasonable grounds for believing that a thing connected with an offence may be on or within the immediate control of the person.
Carrying out a search
The police may use reasonable force to conduct a search. This includes detaining a person for as long as reasonably required for the search to take place. If you are a female, the search must be done by another female.
If you have been taken into lawful custody, the police may search you and your clothing. They may seize objects that could be used to cause injury, assist escape, or that are related to an offence.
NT police may not require you to remove any clothing unless they have reasonable grounds for believing that doing so may provide evidence of an offence. They must provide adequate clothing to replace whatever is removed. Any search of a person in lawful custody should be done by a police officer of the same sex.
Non-intimate procedures
If the police reasonably suspect that you have committed a serious offence, or you are in lawful custody and have been charged with a serious offence, they can carry out a ‘non-intimate’ personal search on you.
This type of search can be done with your consent or with the consent a police officer holding the rank of at least Senior Sergeant. A non-intimate personal search may involve taking a saliva or hair sample, taking a fingerprint, or examining or photographing non-intimate parts of the body.
An identifying non-intimate search is where photographs and hand or footprints are taken from a person. This search may be ordered by the police officer in charge of a police station.
Intimate procedures
If you are in custody the police can also arrange for an ‘intimate procedure’ search to be conducted by a doctor or dentist if they have a reasonable belief this will provide evidence of an offence. An intimate procedure can only be carried out if you agree or if a Local Court judge authorises it.
Intimate procedure searches can include an internal or external examination of the body, taking samples from intimate areas including a blood or urine sample. They may also include taking photographs or x-rays of intimate areas.
You have the right to have a doctor or dentist of your choice present during the procedure. After the search, you must be provided with a copy of any resulting medical report, if you request this.
Can a child be searched?
A search can be carried out on a person under 18 but there are additional protections set out in the Youth Justice Act (NT), which must be observed. Before searching a young person, the police must tell them that they may talk to a lawyer if they want to.
A young person must not be searched without a support person being present unless the police believe that the search is urgent and that a delay would risk harm to a person or the loss of evidence. If the search is urgent and conducted without a support person, it must be done in the way that best preserves the dignity of the young person.
The search must be conducted by a person of the same sex and in a way that provides the young person with privacy. The young person cannot be required to remove any clothing during the search, unless the police have reasonable grounds for believing the clothing may provide evidence of an offence and alternate clothing is provided.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.
