News · Criminal law explainer
Can police strip search you in NSW?
A strip search is one of the most intrusive things police can do to a person who has not been charged. In New South Wales the power, and the limits on it, are in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This note explains when a strip search is allowed, the safeguards that must be followed, the special rules for children, and when a search may be unlawful.
By Aaron Kernaghan · Published 3 September 2026
Only in limited circumstances. In NSW police can strip search a person under LEPRA where they suspect on reasonable grounds it is necessary and, in the field, the seriousness and urgency of the situation make it necessary. Strict safeguards apply, including privacy, no touching of body cavities, and special rules for children. A strip search done without a proper basis may be unlawful.
When can police strip search you?
Police can search a person they have lawfully detained. A strip search is a more intrusive form of search, and it has a higher threshold. In the field, police can strip search only where they suspect on reasonable grounds that it is necessary and that the seriousness and urgency of the circumstances make it necessary. In a police station, the threshold is that the search is reasonably necessary.
A reasonable suspicion has to be based on real facts, not a hunch. The seriousness and urgency requirement means a strip search should not be a routine step; it is for situations where an ordinary search will not do.
What safeguards must police follow?
LEPRA sets out protections. A strip search must be conducted in a private place, by an officer of the same sex, and not in the presence of anyone whose presence is not necessary. Police must not search a person's body cavities and must not touch the person more than is reasonably necessary. The search should be no more intrusive than the circumstances require.
Police must ask for cooperation, tell the person why the search is necessary, and allow them to dress as soon as the search is finished. Questioning should not take place during the search.
What are the rules for children?
There are additional protections for young people. A strip search of a child aged between 10 and 17, or of a vulnerable person, must generally be conducted in the presence of a parent, guardian, or other suitable support person. Strip searches of children under 10 are not permitted.
These protections reflect how serious a strip search is for a young person. Where they are not followed, that can affect the lawfulness of the search.
When is a strip search unlawful?
A strip search can be unlawful where there was no reasonable suspicion, where the seriousness and urgency threshold was not met, or where the safeguards were not followed. An unlawful strip search can lead to any evidence found being challenged, and can be the subject of a complaint or a civil claim.
Concerns about strip searches, including of young people at festivals and public events, have led to close scrutiny of how the power is used. The lawfulness of a particular search is always a question of the facts.
What should you do if you are strip searched?
Do not physically resist, because that can lead to further charges, but you can say clearly that you do not consent and ask why the search is necessary. Try to remember what was said and done, and who was present.
If you believe a search was unlawful, get advice. Where a search produced something police want to rely on, the way it was conducted can matter to the case. Our note on stop and search powers covers ordinary searches, and arrest powers covers what happens next.
Frequently asked.
When can police strip search you in NSW?
In the field, only where police suspect on reasonable grounds that it is necessary and the seriousness and urgency of the circumstances make it necessary. In a police station, where it is reasonably necessary. It is not a routine step.
What are the rules police must follow?
The search must be in a private place, by an officer of the same sex, without unnecessary people present. Police must not search body cavities, must not touch more than necessary, and must let the person dress as soon as it is finished.
Can police strip search a child?
A strip search of a child aged 10 to 17, or a vulnerable person, must generally be done with a parent, guardian, or support person present. Children under 10 cannot be strip searched.
Can I refuse a strip search?
You can say you do not consent, but you should not physically resist. If police have a lawful basis they can proceed. If they do not, the search may be unlawful and can be challenged.
What if the strip search was unlawful?
Evidence found may be open to challenge, and you may be able to make a complaint or a civil claim. The lawfulness turns on whether there was a reasonable suspicion, the threshold was met, and the safeguards were followed.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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