Chapter 4 - Search and Surveillance Act 2012 Flashcards
What is the definition of ‘Evidential Material’
In relation to an offence or suspected offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation.
What is the definition of ‘Reasonable grounds to believe’
Having a sound basis for believing that a situation or circumstance exist.
What is the definition of ‘Reasonable grounds to suspect’
Having a sound basis for suspecting that a situation or circumstance exist.
What is the definition of ‘Unlawfully at large’
(a) warrant to arrest
(b) escaped person
(c) escaped lawful custody
(d) special patient or restricted patient under mental health act
(e) care recipient or special care recipient under intellectual disability act who has escaped or failed to return
(f) young person under OT act subject to special order who is absconding from custody of chief executive
What are the general principles that apply to searches of places, vehicles and other things?
- All searches must be lawful and reasonable
- Search warrant should be considered first
- Use warrantless search power over consent search
- Record reasonable grounds to believe/suspect
- Identify and notice, owner/occupier etc have the right to know who is searching, the authority for searching and the reasons for search
- Force used to gain entry must be reasonable
- Search/seizure must be witnessed by an enforcement officer
- Seized property must be documented
Explain s7 Search and Surveillance Act 2012?
RGTS a person is unlawfully at large and RGTB is in the place or vehicle
Enter place/vehicle to search for and arrest person at large.
Explain s8 Search and Surveillance Act 2012?
RGTS person has committed an offence punishable by imprisonment for which they can be arrested without warrant, and
RGTB person is in place/vehicle and if entry is not effected immediately:
- The person will leave to avoid arrest, or/and
- Evidential material will be CADD
You may enter place/vehicle search for and arrest the person suspected of committing offence.
Explain s14 Search and Surveillance Act 2012?
RGTS offence is being, likely to be, about to be committed in place or vehicle
Likely to cause injury to person or serious loss/damage to property or risk to safety, you may:
- Enter place/vehicle
- Take action RGTB necessary to
- Prevent further offending from being committed or continuing, or avert the emergency
No power of search just entry
Explain s15 Search and Surveillance Act 2012?
Serious offences (14yrs +)
RGTS offence punishable by 14yrs imprisonment is being, has been or is about to be committed, and
RGTB evidential material is in place, and
If entry is delayed then CADD
You may Enter and search the place without warrant
Explain s16 Search and Surveillance Act 2012?
Serious offences (14yrs +)
RGTB person in public place is in possession of evidential material relating to offence punishable by 14yrs imprisonment,
You may search person without warrant
Explain s17 Search and Surveillance Act 2012?
Serious offences (14yrs +)
RGTB evidential material relating to offence punishable by 14yrs imprisonment is in vehicle in public place,
You may enter and search vehicle
Explain s18 Search and Surveillance Act 2012?
Arms in places or vehicle
RGTS arms in any place/vehicle
In respect of a cat 3/4 offence or offence against Arms Act 1983 has been, is being or is likely to be committed, and evidential material may relate to offence
Enter place/vehicle
Search it
Seize/detain any arms or licence under the Arms Act 1983
Explain s28 Search and Surveillance Act 2012?
Searching vehicles for offensive weapons
RGTS offensive weapon in vehicle,
You may search vehicle.
Explain s29 Search and Surveillance Act 2012?
Searching vehicles for stolen property
RGTB any stolen property is in or on vehicle,
You may search the vehicle (public place only)
Explain s83 Search and Surveillance Act 2012?
Entry and search of place after arrest
RGTB evidential material relating to offence is at place, and
If entry is delayed then evidential material will be CADD
Enter place to search for evidential material relating to offence
Explain s84 Search and Surveillance Act 2012?
Entry and search of vehicle after arrest
RGTB evidential material relating to offence is in vehicle
You may enter and search without warrant