Our website is made possible by displaying online advertisements to our visitors. Please consider supporting us by whitelisting our website.

Baby’s family sues police claiming he was illegally strip-searched in NSW

Baby's family sues police claiming he was illegally strip-searched in NSW 2

Baby’s family sues police claiming he was illegally strip-searched by a policewoman at a prison

  • A baby was searched by a female police officer outside of a NSW prison 
  • In NSW it is illegal for anyone under 10 to be strip searched  
  • The boy’s family is suing the state for unlawful detention, battery and damages 

Female police officer allegedly strip searched a baby before prison visit (stock image)

Female police officer allegedly strip searched a baby before prison visit (stock image)

The family of an eight-month old baby is suing the state of NSW claiming he was unlawfully strip searched by a female police officer.

The boy’s mother was on her way to visit his father in jail on September 2, 2018, when the officer allegedly took the baby out of his nappy, spread the his leg’s and inspected his body. 

The incident outside Mid North Coast Correctional Centre near Kempsey is the second such allegation to go to court in NSW with the family of a 16-month-old boy settling out of court in a previous case. 

There is no suggestion either child’s family were attempting to smuggle contraband and it is not clear if the same officer was involved in both incidents. 

When arriving for the visit about 8.30am, both the baby and mother were first examined by sniffer dogs before being directed on to a bus where the boy was allegedly further searched. 

‘The police officer inspected the (baby’s) naked body, ­including (his) genitals and buttocks area,’ court documents seen by The Daily Telegraph state. 

The lawyers for the baby under direction of his mother are suing for unlawful detention and battery. 

‘NSW laws clearly state that a child under 10 cannot be strip searched,’ their lawyer Todd Scott said. 

The boy's family is suing the state of NSW acting on behalf of the NSW Police for damages as it is illegal to strip search anyone under 10 (stock image)

The boy’s family is suing the state of NSW acting on behalf of the NSW Police for damages as it is illegal to strip search anyone under 10 (stock image) 

The law in NSW also states a member of the same sex must perform any strip search. 

He added the alleged incident was a ‘flagrant’ violation of the rights of the baby who was unable to assert any objection. 

The family is also seeking damages in Port Macquarie District Court. 

The state on behalf of NSW Police is yet to submit a defence in the case. 

Advertisement

About The Author