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B.C. Reg. 197/2002
M233/2002
Deposited July 11, 2002
This consolidation is current to August 22, 2019.

Sheriff Act

Sheriff Act Security Regulation

[includes amendments up to B.C. Reg. 113/2006, September 1, 2006]

Contents
1Definitions and designation of restricted zones
2Searches
2.1Strip searches
3Restricted zone access

Definitions and designation of restricted zones

1   (1) In this regulation:

"pat-frisk search" means a hand search or a search by use of a hand-held screening device, conducted by a sheriff

(a) of a clothed person, from head to foot, down the front and rear of the body, around the legs, and inside clothing folds, pockets and footwear, and

(b) of any personal possessions, including clothing, that the person may be carrying or wearing;

"screening search" means a search by a sheriff of a clothed person and any personal possessions, including clothing, the person may be carrying or wearing, that is conducted visually or with the use of a screening device, including without limitation, a walk-through or hand-held metal detector or a fluoroscope;

"strip search" means a visual inspection by an authorized person of a nude person that includes

(a) a visual inspection of the following:

(i) the person undressing completely;

(ii) the open mouth, hands or arms of the person;

(iii) the soles of the feet and the insides of the ears of the person;

(iv) the person running his or her fingers through his or her hair;

(v) the person bending over, and

(b) the person otherwise enabling the authorized person to perform the visual inspection.

(2) For the purposes of the definition of "restricted zone" in section 6.1 (1) of the Sheriff Act, the following parts of court facilities are designated as restricted zones:

(a) the judges' chambers area, including all offices, passageways, elevators, work areas, lounges, libraries and storage areas primarily intended for the use of the following:

(i) judges, masters and other judicial officers;

(ii) the judicial staff and court facility staff providing support to the persons referred to in subparagraph (i);

(b) the court registry area, including all offices, passageways, elevators, work areas, storage areas and lounges primarily intended for the use of court registry staff;

(c) cells;

(d) sheriffs' areas, including all offices, passageways, elevators, work areas, storage areas and lounges primarily intended for the use of sheriffs;

(e) jury rooms.

[am. B.C. Reg. 113/2006, s. 2.]

Searches

2   A search conducted under section 6.1 (3) (a) of the Act or section 6.2 (2) of the Act may be conducted by a pat-frisk search or a screening search.

[en. B.C. Reg. 113/2006, s. 3.]

Strip searches

2.1   (1) If the circumstances allow, before conducting a strip search, a sheriff must

(a) inform the prisoner to be strip searched of the reasons for the strip search, and

(b) explain how a strip search is conducted.

(2) A strip search that is conducted by a sheriff must be

(a) observed by one other sheriff or other peace officer,

(b) carried out in as private an area as the circumstances allow, and

(c) carried out as quickly as the circumstances allow.

(3) The person referred to in subsection (3) (a) must be the same gender as the prisoner who is the subject of a strip search unless the sheriff's supervisor believes on reasonable grounds that the delay necessary to comply with this requirement would result in danger to human life or safety.

[en. B.C. Reg. 113/2006, s. 3.]

Restricted zone access

3   The following persons are authorized to enter restricted zones:

(a) judges, masters, other judicial officers, judicial staff, court facility staff, court registry staff and sheriffs;

(b) a person admitted to a restricted zone by any of the persons described in paragraph (a) if and only for so long as the person remains in the restricted zone for the purpose for which they were admitted.

[Provisions of the Sheriff Act, R.S.B.C. 1996, c. 425, relevant to the enactment of this regulation: section 14]