S&S Act 2012 Flashcards
Section 7 of the S&S Act 2012, gives you the power to enter and search a place or vehicle without warrant for people, under what circumstances?
If you have reasonable grounds to:
Suspect, a person is unlawfully at large and;
Believe that person is inside the place or vehicle
You may enter and search that place/vehicle for that person
Section 8 of the S&S Act 2012, gives you the power to enter and search a place or vehicle without warrant for people, under what circumstances?
If you have reasonable grounds to:
Suspect a person has committed an offence punishable by a term of imprisonment and for which they may be arrested without warrant and;
Believe that person is inside the place or vehicle and
Believe that if entry is not effected that the person will leave to avoid arrest or
Believe that if entry is not effected that evidential material relating to the offence for which the person is to be arrested will be CADD.
Define someone who is unlawfully at large?
(A - Arrest) Warrant to arrest
(B - Broken out) Escaped from prison or absent without leave
(C - Custody) - Escaped from Police custody
(D - Doctor required) - is a special or restricted patient who has escaped or failed to return from leave
(E - Ella) - has an intellectual disability and has escaped or failed to return from leave
(F - F sakes not again) - CYP absconded from OT care
Under what section must you notify the commissioner of any warrantless powers exercised? And what are the exceptions to this section.
Section 169 S&S Act 2012
Unless, S169(4)
Warrantless entry to prevent offence or respond to risk of life or safety (S14) or
Consent search
Does Section 8 give you the power to search for evidential material?
No - power is to search for person only, unless arrest is made and a search relating to that arrest is undertaken under S 83-88.
In relation to S8, the law note, Round v R emphasises what?
That intention to arrest the suspect is central to the power.
Under what section can you search someone who is in custody or about to be locked up?
Section 11
Section 11 gives you the power to search who?
Someone who is in custody or about to be locked up
Under what section can you search someone who is found in a public place, for evidential material?
Section 16
Section 16 gives you the power to search who?
Someone who is found in a public place, for evidential material
Section 18 gives you what power?
Warrantless power to search for arms.
Section 27 gives you the power to search for what?
Knives, offensive weapons and disabling substances.
What section gives you the power to seize anything subject to a warrantless search?
S110
Under what section can you enter any place or vehicle to prevent offence or respond to risk to life or safety?
Section 14
What circumstances need to be met in relation to entering a place or vehicle under Section 14?
Reasonable grounds to suspect,
An offence is, is about to be or would likely to be committed, that would cause injury to any person, serious loss of or serious damage to any property or
Risk to life or safety of any person that requires emergency response
What actions can you take under S14 other than entering the place or vehicle?
Take any action you have reasonable grounds to believe is necessary to,
Prevent offending
Avert Emergency
What circumstances need to be met in relation to entering a place under Section 15?
Reasonable grounds to suspect an offence punishable by 14 years imprisonment or more has been, is being or is about to be committed and
Believe that evidential material relating to offence is in a place and
If entry is delayed the evidential material will be CADD.
What section gives you the power of entry and search of a place to find and avoid loss of evidential material?
S15
Under what power and in what circumstances can you search a person in a public place for evidential material?
S16
If you have reasonable grounds to believe that a person in a public place is in possession of evidential material relating to an offence punishable by 14 years imprisonment
Under what power and in what circumstances can you search a vehicle in a public place for evidential material?
S17
If you have reasonable grounds to believe that evidential material relating to an offence punishable by 14 years imprisonment is in or on a vehicle in a public place
How would you search a vehicle parked in a place other than a public place for evidential material?
S15 - warrantless search of person or place for evidential material relating to offence over 14 years.
What circumstances must be met before conducting a S28 search on a vehicle?
Reasonable grounds to suspect person travelling in a vehicle is committing an offence against S202A(4)(a) (Knife, offensive weapon, disabling substance)
Suspect vehicle contains that weapon
Under what section and circumstances can you search a vehicle for stolen property?
S29
If you have RGTB stolen property in or on vehicle, in public place.
If you arrest a person, under what section and in what circumstances could you enter and search a place for evidential material?
Section 83
If you have RGTB evidential material relating to the offence person has been arrested for is at a place and
If entry delayed to obtain warrant then evidence could suffer CADD.
Section 83 gives you the power to enter and search a place for evidential material following the arrest of a person. What section would give you the power to search a vehicle following a persons arrest?
S84
What is the hierarchy for the type of searches conducted?
Warrant
Warrantless power
Consent search
Can a person under 14 year old provide consent for a place or vehicle to be searched? S95
No - unless they are the driver of a vehicle and there is no other passenger 14 years or over.
What are the exemptions to consent searches?
Search conducted as a condition of entry (concert / event)
Search conducted under another power
Entry to property under implied licence to enter property
Under what purposes would a consent search be requested? (S92)
Prevent the commission of an offence
Investigate whether an offence has been committed
Protect life or property
Prevent injury or harm
Any other purpose power of search could be exercised if appropriate belief/suspicious held
Once you have determined that a consent search can be conducted for a purpose as listed in S92, under S93 what advice must you give someone before conducting a consent search?
Advise person from whom consent is sought;
- Reason for the proposed search
- May consent or refused to consent the search
Under S94, what circumstances would deem a consent search unlawful?
- Not for a purpose set out in S92
- Fail to give advice as per S93
- Person who consented does not have authority to consent
Can person under 14 consent to themselves or anything in their possession or control being searched?
Yes
Under what section and circumstances can you search a person at a place or vehicle, in relation to a search warrant.
S119
You can search any person who is found at a place, or who enters and
If you have RGTB evidential material that is the object of the search is on that person or
RGTS person in possession of dangerous item that poses a threat to safety and
You believe immediate action is needed to address threat.
Under what section can you search a person at a scene in relation to a drug search?
S21
What does S119 allow you to do?
Search any person at an address or with a vehicle during a search warrant for evidential material relating to search or for dangerous items.
Under what section and circumstances do you have to search when a suspect is pursued?
S120 - suspect freshly pursued after leaving intended search location, and RGTB in possession of evidential material.
What section gives you the power to stop a vehicle, with or without a warrant?
S121
Without a warrant - grounds exist to search vehicle
Warrant - warrant issued and is in force
Can you move a vehicle for the purpose of a search or safekeeping?
Yes - under S122
If you have lawful authority to search vehicle and impracticable to do so at place or
RGTB necessary to move vehicle for safekeeping
Under what section and circumstances can you stop a vehicle without warrant to effect arrest?
S9
You may stop a vehicle without a warrant to arrest a person if you have RGTS
Person unlawfully at large or
Has committed an offence punishable by imprisonment and
Believe person is in vehicle
What does S9 relate to?
Warrantless power to stop and search a vehicle to effect arrest.
Under S10, before searching a vehicle, stopped under S9 (power to stop to effect arrest), what must you tell the driver?
The object of the proposed search
Who can authorise a warrantless road block? And for what purpose? S30
A Constable who holds position of SGT or higher, and includes and person acting in such rank.
RGTB person who is unlawfully at large or has committed an offence punishable by a term of imprisonment is in a vehicle that will travel past road block.
How long can an initial road block be established?
No longer than 24 hours
Under S32 what powers are authorised under a road block without warrant?
Establish road block
Stop vehicles
Require particulars - anyone RGTS target
Search vehicle - RGTS target in vehicle
If a person who is stopped in a vehicle under S128 fails to remain stopped, you may arrest them under what power?
S177
What are the three types of searches on a person
Rub-down
Strip searches
Internal
Section 85 relates to a rub-down search of arrested or detained person. What is the purpose of this search?
To ensure person is not carrying anything that may be used to
Harm any person or
Facilitate the persons escape
Section 88 relates to a warrantless search of persons for evidential material, what is the purpose of this search?
To search for evidential material relating to the offence for which the arrest was made or person detained for.
Section 125(1)&(4) states when exercising a power to search a person you must?
R - Reason for search
A - Act - power is under
I - Inventory of any items seized during search
N - ID yourself and provide evidence of this
What other general powers are available associate with the power to search people under S125?
FAT CAD PS
Force - use reasonable force to search
Ask - for assistance from family, doctors, other officers
Torch - use equipment or aids
Copy - any documents or tangible material
Access - computer systems
Detain
Search
Photograph
Seize
