Meredith v State of NSW (2025): Police Strip Search Unlawful

KEY TAKE OUTS:

• The Supreme Court of NSW, in Meredith v State of NSW (No 5) [2025] NSWSC 1133 examines strip searches.
• NSW Police practices have been scrutinised and have been heavily criticised.
• When changes in practice come at a cost

 

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A landmark judgment in the NSW Supreme Court this week has caused some scrutiny of Police and their powers to strip search, particularly at music festivals.

This case, Meredith v State of NSW (supra) is a class action, brought by lead plaintiff Raya Meredith, on behalf of all people who have been unlawfully strip-searched at music festivals between July 2016 and July 2022.

After finding the plaintiffs strip search was unlawful, the Court awarded $93,000 in damages. The Court also found that there was a ‘gross failure’ by police to follow the law, caused by ‘wholly inadequate’ training and supervision of police in the exercise of their powers.

This case is the first to clarify the law on strip searches.

 

LAWS RELATING TO STRIP SEARCHES

In NSW, police can only strip search a person in the field if they suspect on reasonable grounds that:

• the strip search is ‘necessary for the purposes of the search’ AND

• that ‘serious and urgent’ circumstances make it necessary.

The Court found that strip searching simply for reason of a suspicion of possession of a prohibited drug, or because a drug dog showed interest.  This is what happened to Raya Meredith at the Splendour in the Grass music festival in 2018.

 

WHAT HAPPENED TO RAYA MEREDITH

• Drug detection dog sniffs in her direction.

• Police immediately take her to a makeshift cubicle.

• She was subject to a ‘pat down’ search which found nothing.

• She was directed to remove her clothing and lift her breasts.

• She was directed to remove her tampon, and a female officer inspected her vagina.

• She was directed to bend over naked, when a male officer entered the search cubicle without warning.

 

THE VEIW OF THE COURT

The Court said that these actions caused significant harm to Meredith’s privacy, dignity and bodily integrity that caused her significant humiliation, degradation, fear, distress and total loss of liberty.

The strip search was rendered unlawful, and it was stated that Police broke mandatory safeguards to protect privacy, including to conduct the least invasive search possible and not question during the search.

None of the officers who conducted the strip searches that day made any record of why the strip search was necessary, serious or urgent, or whether safeguards were complied with.  The Court found that an assertion that Meredith “had a smoke with a joint that morning” recorded by an officer was likely a mistake by the officer.

 

THE DECISION

Despite denying the search was unlawful for more than two years, the NSW Police had a change of position just prior to the hearing, admitting that the search was unlawful, but only on some grounds.

The State (on behalf of the NSW Police) maintained that there were serious and urgent circumstances that justified the strip search.  They relied on statistics regarding the number of hospitalisations, overdoses and deaths relating to drug offences.  They relied on the number of arrests historically at music festivals, and the fact that they are known locations for recreational drugs.

The Court rejected this explanation, stating that the general police experiences and contexts don’t meet the ‘serious and urgent’ tests.  It could not be seriously suggested that smoking cannabis prior to the festival (which Meredith had found not to have) justified a strip search to prevent drug-related harm to her.

 

WHAT CAN BE LEARNED FROM THIS CASE?

The judgement gives detailed evidence that the NSW Police education, training and monitoring of police conducting strip searches where ‘wholly insufficient’.  The Court found that ‘exemplary damages’ should be awarded for systemic police failures, but deferred the decision on the amount to be awarded to a later date.  This could mean huge payments to those who signed up to the class action.

This class action has illustrated to the NSW Police that they must be accountable for the actions of their police in respect of conducting strip searches.

 

HOW COUTTS CAN HELP

💬 Need Advice About Police Powers or Unlawful Searches?
If you’ve experienced an unlawful search or believe your rights were breached by police, Coutts Lawyers & Conveyancers can help.
Our experienced Criminal Law team provides confidential advice and can assist with claims, complaints, or defence matters involving police conduct and procedural fairness.

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