Exclusive: Since 2016, police have forced 344 boys between the ages of 11 and 17 to submit to the practice

This article is more than 9 months old

This article is more than 9 months old

More than 300 school-age boys, including one 11-year-old, have been strip-searched by the New South Wales police in the past three years.

As the NSW police and state government come under increasing pressure to reform the use of strip-searching amid evidence of its widespread misuse, Guardian Australia can reveal that since 2016 police have forced 344 boys between the ages of 11 and 17 to submit to the controversial practice.

The latest revelations come after the state’s police watchdog, the Law Enforcement Conduct Commission, last week held public hearings that heard officers conducted dozens of potentially illegal strip-searches at an under 18s music festival in February.

The inquiry heard that one 15-year-old boy who was shaking with nerves was told to “hold your dick and lift your balls up and show me your gooch” during a search in which he was unaccompanied by a guardian and in which no drugs were found.

'Why is this happening?' Shocking evidence builds pressure for strip-search reform in NSW Read more

The data, obtained by the Redfern Legal Centre under freedom of information laws, reveals that since 2016 there have been 11,304 strip-searches conducted by police on men in NSW. Young men aged 18 to 25 accounted for 42% of the searches, while the oldest man strip-searched was 82-years-old.

Aboriginal and Torres Strait Islander people were also disproportionately represented in the data, accounting for 10% of the total searches.

Of most concern, the figures show that one 11-year old, one 12-year-old and four 13-year-old boys have been strip-searched by police since 2016.

The data provides the most complete snapshot yet of the extent to which children are subjected to strip-searches by police after Guardian Australia previously revealed that 122 girls had been strip-searched by police in the past three years, including two 12-year-olds.

However, the data is unlikely to capture every strip-search conducted on a minor. The LECC’s inquiry and internal police documents have established that there is confusion among officers about what constitutes a strip-search, and the data did not capture a search conducted on a 10-year-old Indigenous child between 2017 and 2018.

Samantha Lee, the head of police accountability at the Redfern Legal Centre, said the data indicated the extent of children in NSW who had been “subjected to an invasive, traumatic and harmful strip-search”.

“Strip-searching is traumatising children of all genders and all ages,” she said.

“I have found with young male clients who have been strip-searched there is a deep sense of humiliation and isolation, especially for those who have been asked to lift their testicles or made to squat.

“Disturbing evidence heard at the recent LECC hearings once again highlights that strip-search law is failing to protect children from harm.”

The state government is facing growing calls to reform the use of strip-search powers amid widespread evidence that vagueness in the legislation governing their use means police often do not understand the law.

While police are only able to conduct a strip-search in the field in cases where the circumstances are serious and urgent, the legislation provides no guidance on what that means in practice.

Last week a senior NSW police officer who has commanded operations at some 20 Sydney music festivals told the LECC he believed the rules governing searches were too ambiguous.

NSW police told 15-year-old to 'lift your balls up' in strip-search with no adult present Read more

“It should be spelt out what seriousness and urgency is, because I’m sure everyone in this room would have a different opinion,” the officer, who cannot be named, said.

It followed separate LECC hearings that examined the allegedly illegal search of a 16-year-old girl at the 2018 Splendour in the Grass festival.

That inquiry heard the girl was left fearful and in tears after she was forced to strip naked and squat in front of a police officer who then “looked underneath” her. The search took place without a parent or guardian present, a potential breach of police powers.

But Lee said the legislation also failed to consider child protection during the strip-search of a minor.

“Not only is the law ambiguous, it lacks the explicit inclusion of child protection principles promoted by all other NSW government services,” Lee said. “It is not only time for the law to change, a complete overhaul of strip-searching practices within the NSW police force is urgently needed.”

As part of its investigation the LECC is reviewing whether it is legal for officers to force people to squat during a strip-search, a common practice used by police in NSW. In September, the police published a new personal search manual for the first time which allows officers to instruct people to squat, lift their testicles or breasts, or part their buttock cheeks.

In its freedom of information request, the Redfern Legal Centre requested data on the number of men that were required to lift their testicles and/or squat during a search but police said it was “not possible” to release the information due to the classification of the data and the “volume” it would be required to search.

In a statement, the NSW police said the legislation governing strip-searches contained “additional safeguards” for children and that officers underwent training on how to conduct them through their careers.

“The NSW police force is committed to continuous improvement and has developed initiatives to standardise operational orders and enhance compliance,” a spokesman said. “The recent introduction of dedicated triage officers at events has created another layer of supervision for strip-searches conducted at music festivals.

“The NSW police force awaits the findings of the Law Enforcement Conduct Commission’s review into strip-searches undertaken by police. We understand the importance of this review and will take a considered approach when the findings are delivered.”