Search and Surveillance Act 2012

Question 1

Section 9, Search and Surveillance Act 2012

Answer 1

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.

Question 2

Section 10, Search and Surveillance Act 2012

Answer 2

Powers and duties of constable after vehicle stopped

(1)

A constable exercising the stopping power undersection 9may do any 1 or more of the following:

(a)

require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:

(b)

search the vehicle to locate the person referred to insection 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:

(c)

search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped undersection 9, if the person referred to in section 9—

(i)

has been arrested; or

(ii)

is seen fleeing from the vehicle before he or she can be arrested.

(2)

Before conducting a search under a power conferred by subsection (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to insection 9.

Question 3

Section 14, Search and Surveillance Act 2012

Answer 3

Warrantless entry to prevent offence or respond to risk to life or safety
(1)
A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a place or vehicle may—
(a)
enter the place or vehicle without a warrant; and
(b)
take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.
(2)
The circumstances are as follows:
(a)
an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:
(b)
there is risk to the life or safety of any person that requires an emergency response.

Question 4

Section 18, Search and Surveillance Act 2012

Answer 4

Warrantless searches associated with arms
(1)
A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:
(a)
search the person:
(b)
search any thing in the person’s possession or under his or her control (including a vehicle):
(c)
enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d)
seize and detain any arms found:
(e)
seize and detain any licence under the Arms Act 1983 that is found.
(2)
The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—
(a)
he or she is in breach of the Arms Act 1983; or
(b)
he or she, by reason of his or her physical or mental condition (however caused),—
(i)
is incapable of having proper control of the arms; or
(ii)
may kill or cause bodily injury to any person; or
(c)
that, under the Family Violence Act 2018,—
(i)
a protection order or a police safety order is in force against the person; or
(ii)
there are grounds to make an application against him or her for a protection order.
(3)
A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in the place or vehicle—
(a)
in respect of which a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or
(b)
that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.

Question 5

Section 20, Search and Surveillance Act 2012

Answer 5

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.

Question 6

Section 30, Search and Surveillance Act 2012

Answer 6

Obtaining authorisation for warrantless road block
(1)
A senior constable may authorise the establishment of a road block for the purpose of arresting a person in the circumstances set out in subsection (2).
(2)
The circumstances are that the senior constable—
(a)
has reasonable grounds to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect—
(i)
has committed an offence punishable by a term of imprisonment; or
(ii)
is unlawfully at large; and
(b)
has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established; and
(c)
is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established.
(3)
An authorisation may be granted under this section orally or in writing.
(4)
In this section, senior constable means a constable who holds a level of position of sergeant or higher, and includes any constable who is acting in any such rank.

Question 7

Section 118, Search and Surveillance Act 2012

Answer 7

Powers of detention incidental to powers to search places and vehicles
(1)
If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any person—
(a)
who is at the place or in or on the vehicle at the commencement of the search; or
(b)
who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
(2)
A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.
(3)
A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.
(4)
Reasonable force may be used for the purpose of effecting and continuing any detention under subsection (1).
(5)
For the purposes of subsection (1), other person means a person to whom section 115(2) applies.