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