Emergency powers Flashcards
Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
Search and Survaillance Act 2012, Section 19
Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the Misuse of Drugs Act 1975.
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
Search and Surveillance Act 2012, Section 20
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—
(a)
to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—
(i)
a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii)
a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii)
a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv)
a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b)
to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and
(c)
to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.
Warrantless searches of people found in or on places or vehicles
Search and Surveillance Act 2012, Section 21
Warrantless searches of people found in or on places or vehicles
A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
Search and Surveillance Act 2012, Section 22
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
(1)
A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
(2)
The circumstances are that the constable has reasonable grounds—
(a)
to believe that the person is in possession of—
(i)
a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii)
a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii)
a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv)
a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b)
to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
(3)
This section does not—
(a)
limit section 20 or 21; or
(b)
authorise a constable to enter or search a place or vehicle except in accordance with those sections.
Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975
Search and Surveillance Act 2012, Section 23
Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975
(1)
In the circumstances set out in subsection (2), a constable may require a person to permit a medical practitioner, nominated for the purpose by the constable, to conduct an internal examination of any part of the person’s body by means of—
(a)
an X-ray machine or other similar device; or
(b)
a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.
(2)
The circumstances are that—
(a)
the person is under arrest for an offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975; and
(b)
the constable has reasonable grounds to believe that the person has secreted within his or her body any property—
(i)
that may be evidence of the offence with which the person is charged; or
(ii)
the possession of which by the person constitutes any other offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975.
(3)
A medical practitioner must not conduct an internal examination if he or she—
(a)
considers that to do so may be prejudicial to the person’s health; or
(b)
is satisfied that the person is not prepared to permit an internal examination to be conducted.
(4)
This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.
Effect of not permitting internal search under section 23 on bail application
Search and Surveillance Act 2012, Section 24
Effect of not permitting internal search under section 23 on bail application
(1)
In the circumstances set out in subsection (2), a court may decline to consider a bail application by a person, and may order that the person continue to be detained in Police custody, until the earlier of the following occurs:
(a)
the expiry of 2 days after the day on which the person was required under section 23(1) to permit an internal examination by a medical practitioner:
(b)
the person permits the examination to be conducted.
(2)
The circumstances are that—
(a)
the person fails to permit an internal examination to be conducted under section 23; and
(b)
the court is satisfied that the requirement under section 23(1) was properly made on reasonable grounds.
(3)
Nothing in subsection (1) limits a court’s discretion to refuse bail.
(4)
This section overrides any contrary provisions about bail in any of the following:
(a)
the Bail Act 2000:
(b)
the Misuse of Drugs Act 1975:
(c)
the Criminal Procedure Act 2011.
Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978
Search and Surveillance Act 2012, Section 81
Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978
(1)
In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant:
(a)
search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:
(b)
enter and search any place, craft, or vehicle:
(c)
seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).
(2)
The circumstances are that the constable or the Customs officer has reasonable grounds to believe that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:
(a)
a controlled drug:
(b)
a precursor substance:
(c)
a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:
(d)
evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.
Stopping vehicles with or without warrant for purposes of search
Search and Surveillance Act 2012, Section 121
Stopping vehicles with or without warrant for purposes of search
(1)
An enforcement officer may stop a vehicle to conduct a search under a power to search without a warrant conferred on that officer by this Act or any enactment specified in column 2 of the Schedule to which this section applies if he or she is satisfied that he or she has grounds to search the vehicle.
(2)
An enforcement officer may stop a vehicle to conduct a search under a power to search with a warrant issued under this Act or any enactment specified in column 2 of the Schedule to which this section applies if he or she is satisfied that the warrant has been issued and is in force.
(3)
A person who exercises a power under this section must, on the request of any person affected by the exercise of the power,—
(a)
identify himself or herself either by name or by unique identifier; and
(b)
state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c)
if not in Police uniform, produce evidence of his or her identity.
Stopping vehicle to find persons unlawfully at large or who have committed certain offences
Search and Surveillance Act 2012, Section 9
Stopping vehicle to find persons unlawfully at large or who have committed certain offences
A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—
(a)
to suspect that a person—
(i)
is unlawfully at large; or
(ii)
has committed an offence punishable by imprisonment; and
(b)
to believe that the person is in or on the vehicle.
