Notes

Question 1

What is locked up?

Answer 1

Locked up means a person taken into lawful custody.

• Interview room
• Cell
• Charge room

Question 2

Section 11(3)

Answer 2

Person should only be searched once, however can be searched again if:

• The person was not searched beforehand
• May have something that’ll harm themselves or others
• Suspect they may have been close to a person who has not been searched

Question 3

Section 13

Answer 3

Property taken from the people locked up in Police custody.

Any money/or items taken from a person under section 11, must be returned.

Question 4

Consent Searches 92.

Answer 4

• To prevent the commission of an offence
• To investigate whether and offence has been committed
• to protect life or property
• to prevent injury or harm

You may ask a person to consent to a search of

• themselves
• place, vehicle or a thing apparently in their control

Question 5

What to advise person when being searched under Consent Searches 93?

Answer 5

Determine that the search is forms purpose authorised by s92

Advise the observers on

Question 6

Section 94 & 95

Answer 6

Search by consent is unlawful if it is not for a purpose set out in 92 or you fail to give the required advice as set out in 93 or come sent is given by a person who does not have the authority to consent

95
Persons under 14 years of age are unable to consent to the search of a place, vehicle or other things

Question 7

Section 125

Answer 7

Obligations if exercising a search power to search a person (RAN)

Question 8

Section 85

Answer 8

Rub-down search of arrested or detained person

Question 9

Section 88

Answer 9

Warrantless search of arrested or detained person for evidential material

Question 10

Section 11

Answer 10

Warrantless searches of people who are to be locked up in police custody

Question 11

Section 92

Answer 11

Consent searches