Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

CPK Dec 2023 > Search And Surveillance Act 2012 > Flashcards

Search And Surveillance Act 2012 Flashcards

1
Q

Definitions:

Evidential material

A

Evidence of the offence or any other tangible or intangible, of relevance to the investigation of the offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Definitions:

Reasonable grounds to believe

A

Having a sound basis for believing that a situation or circumstances actually exist

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Definitions:

Reasonable grounds to suspect

A

Having a sound basis for suspecting that a situation or circumstances are likely to exist

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Unlawfully at large
5 things

A

WTA/parole recall
Escapee of custody/prison
Mental health patient escaped or on expired leave
Youth absconding from OT custody with youth court
Intellectual Disability care recipient escaped or expired leave

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Search and surveillance act 2012

Principles

Lawfulness (3 things)

A

Lawful: warrantless power, warrant power or consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Search and surveillance act 2012

Principles

Reasonable (section)?

A

S21 of bill of rights act 1990

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Search and surveillance act 2012

Principles

Evidence discovered in unlawful search?

A

If evidence still would have been discovered if unlawful search didn’t occur, then may be reasonable/admissable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Search and surveillance act 2012

Principles

Search hierarchy (3 types) + what may happen

A

Consider obtain a SW first. If not practicable then consider a warrantless search. Should you WS rather than consent if possible as consent can be withdrawn at any time.

Use proper method to avoid evidence being inadmissible and may lose evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Search and surveillance act 2012

Principles

Decision record

A

Record RGTB / RGTS that were known at the time of the warrantless search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Search and surveillance act 2012

Principles

ID and notice

A

Must provide RAIN. Their right to know unless good reason not to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Search and surveillance act 2012

Principles

Force used

A

Should be reasonable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Search and surveillance act 2012

Principles

Search and seizure witnessed

A

If practicable by another officer, police officer etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Search and surveillance act 2012

Principles

Seized property MUST be documented

A

Appropriately documented and accounted for

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Search and surveillance act 2012

Principles

Inevitable discovery

A

If evidence obtained unlawfully but would have been obtained regardless then this should be considered to be admissible under balancing test. Not admissable as a matter of course

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Search and surveillance act 2012

May enter unannounced - S113(2)

A

S14 s and s 2012
CADD
S120 - hot pursuit of offender
If a warning may put police at risk
No person lawfully present
Prejudice entry/search power and ongoing investigations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Search and surveillance act 2012

Powers

Section 7 unlawfully at large

A

Suspect person unlawfully at large and believe person in place / vehicle

Enter without warrant to search and arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Search and surveillance act 2012

Powers

Section 8 loss or offender or evidence

A

Suspect person committed crime punishable by imprisonment

Believe person in place / vehicle

Believe If entry not gained person will leave or CADD will occur.

-enter without warrant to search and arrest
-cannot search for evidence until after arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Search and surveillance act 2012

Emergency Powers

S14 emergency

A

Suspect (place/vehicle)
-an offence likely to cause injury or serious loss or damage to property OR risk to life or safety of any person

Enter without warrant, take any action to prevent offence or avert emergency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Search and surveillance act 2012

Powers - Serious offences

S15 place

A

-RGTS it’s a 14+ year crime
-believe emergency there
-delay emergency would equal CADD
- URGENCY

enter and search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Search and surveillance act 2012

Powers serious offences

S16 person

A

-RGTS 14+ year crime
-believe emergency
-public place

= search person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Search and surveillance act 2012

Powers serious offences

S17 vehicle

A

-RGTS 14+ year crime
-believe emergency
-public place

= enter and search (if vehicle not in public place, use s15)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Search and surveillance act 2012

Powers arms

S18 arms

A

-RGTS
-Place/vehicle
-cat 3 or 4 offence or arms act
- CADD to cat 3 or 4

= enter and search, seize/detain firearms licence. (Obtain permission from a sergeant or above)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Search and surveillance act 2012

Powers offensive weapons

S28 weapons (vehicle)

A

-RGTS
-offence against s202 crimes act
-vehicle contains knife

= search vehicle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Search and surveillance act 2012

Powers offensive weapons

S27 weapons (person)

A

RGTS
Offence against s202 crimes act
Public place

= search person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Search and surveillance act 2012 Powers offensive weapons S29 property
RGTB Public place Stolen property Vehicle = enter and search
26
Search and surveillance act 2012 Powers incidental to arrest S83 post arrest - place
RGTB Emergency at place CADD = enter and search for emergency
27
Search and surveillance act 2012 Powers incidental to arrest S84 post arrest (vehicle)
RGTB Emergency at vehicle CADD = enter and search for emergency
28
Search and surveillance act 2012 Powers consent S92 consent
Request consent Prevent offence Protect life / property Investigate = no obligation and may withdraw at any time
29
Search and surveillance act 2012 Powers consent S93 advice
Advise person of reason - they may consent or refuse
30
Search and surveillance act 2012 Powers consent S94 unlawful
Not a s92 purpose Fail to give advice They don’t have authority to give consent
31
Search and surveillance act 2012 Powers consent S94 under 14 year olds give consent?
-Cannot give consent -Unless driving with no passengers over 14 -Can consent to open search
32
Search and surveillance act 2012 Powers consent S96 exceptions
Condition of entry eg sports game Power by enactment Affect rule of implied licence to property
33
Search and surveillance act 2012 Powers consent Implied licence
Members of public and police can enter private property to make an enquiry this can be revoked at any time
34
Search and surveillance act 2012 Powers carrying out powers without warrant S110 search powers
Authorises -enter and search -request assistance -use force -seize anything -bring and use equipment including their electricity - Bring police dog -copy documents -access computer -copy intangible material -take photographs / recordings etc
35
Search and surveillance act 2012 Powers carrying out powers without warrant 115 limitations
Any conditions imposed by issuing officer of SW privilege and confidentiality Reasonableness
36
Search and surveillance act 2012 Powers carrying out powers without warrant S113 assist - non police assistants
Can enter and search under your supervision Must accompany their entry Must give them direction
37
Search and surveillance act 2012 Powers search warrant pending S117 secure
-enter/search -place/vehicle/thing -secure any items -direct any person to assist -RGTB -CADD = 6 hours to obtain search warrant
38
Search and surveillance act 2012 Powers search warrant pending S118 connection
-detain to determine connection -in, arrives at, stops at, enters etc -use force if necessary -detain for a reasonable time
39
Search and surveillance act 2012 Powers search warrant pending S119 incidental
-If searching a place/vehicle -search any person -found,arrives, stops -RGTB evidential material on person or suspect dangerous item and believe immediate action -search one at a time if one piece of evidential material
40
Search and surveillance act 2012 Powers search warrant pending S120 pursued
-if any person leaves before search completed -apprehend any person -enter any place/vehicle to apprehend -freshly pursuing -RGTB evidential material in fresh pursuit or their assistant
41
Search and surveillance act 2012 Entry, announcement and ID requirements S127 Search Warrant Vehicle
-search warrant -vehicle -enter any place -RGTB
42
Search and surveillance act 2012 Entry, announcement and ID requirements S131 RAIN
-RAIN -Copy of warrant
43
Search and surveillance act 2012 Entry, announcement and ID requirements S131 RAIN exceptions
RGTB: -No person lawfully present -compliance would endanger safety, prejudice success of search or prejudice ongoing investigations
44
Search and surveillance act 2012 Entry, announcement and ID requirements 116 secure scene
-secure place, vehicle (freeze, control, preserve) -exclude any person -reasonable direction (RGTB obstruct/hinder) -RAIN
45
Search and surveillance act 2012 Entry, announcement and ID requirements 112 uncertain status
-if unsure whether can be something can be lawfully seized may remove item to see if it can be -eg. Cocaine (white powder)
46
Search and surveillance act 2012 Entry, announcement and ID requirements S123 plain view
-exercising search power or lawfully there -may seize any items in plain view -RGTB you could seize item in SW or any other S + S power -May apply (SIO?? Unsure on this word)
47
Search and surveillance act 2012 Notice and inventory requirements: S131 written notice search power
-give or leave notice (warrantless search) -give or leave search warrant copy
48
Search and surveillance act 2012 Entry, announcement and ID requirements 133 seized items notice
-at the time or within 7 days provide notice to occupier of items seized or owner of items Occupier = 14 years old+
49
Search and surveillance act 2012 Road blocks and stopping vehicles S121 stop and search
- stop to conduct warrantless search -stop to execute search warrant RAN : S129
50
Search and surveillance act 2012 Entry, announcement and ID requirements S122 move
-move vehicle to another place for search or safekeeping if lawful authority -RGTB necessary to move vehicle for safekeeping
51
Search and surveillance act 2012 Entry, announcement and ID requirements S128 hold
-vehicle to remain stopped for as long as necessary powers to move vehicle for safekeeping
52
Search and surveillance act 2012 Entry, announcement and ID requirements 129 RAN
-name (ID) -act -REASON
53
Search and surveillance act 2012 Entry, announcement and ID requirements S9 unlawfully at large - imprisonable offence
-Stop vehicle -arrest -suspect unlawfully at large imprisonable offence -believe in vehicle S129 RAN S169 notice
54
Search and surveillance act 2012 Entry, announcement and ID requirements S10 powers
-if stopped under 9 -details -search for evidential material if arrested or flee
55
Search and surveillance act 2012 Entry, announcement and ID requirements S30 roadblock authorise
-RAN, RAIN, S169 -authorised by sgt -RGBT person in vehicle, RGTS unlawfully at large or imprisonable offence -24 hours -headed to road block
56
Search and surveillance act 2012 Entry, announcement and ID requirements S32 road block execute
-establish road block at place specified -stop vehicle -requirements of imprisonable offence -search vehicle
57
Search and surveillance act 2012 Entry, announcement and ID requirements S177 offences
-if fail to stop or comply -arrest
58
Search and surveillance act 2012 Searching people S16 evidential material public place
-RGTB Evidential material -14+ year offence -public place Search without warrant
59
Search and surveillance act 2012 Searching people S22 drugs
-RGTB drugs possession -RGTS offence
60
Search and surveillance act 2012 Searching people S85 rub down
-Harm -escape -immediate post k9
61
Search and surveillance act 2012 Searching people S88 rubdown evidence
-RGTB evidential material -immediate post K9 -samples bodily - sgt approval and may use strip search Methods: Neckswab Fingernail scraping Gun residue Penile swabs
62
Search and surveillance act 2012 Searching people S11 Custody
Money/property
63
Search and surveillance act 2012 Searching people S125 RAN
-Name (ID) -Act -Reason
64
Search and surveillance act 2012 Drugs S19 SW misuse of drugs act 1975
-search person found in public / vehicle in relation to a search warrant of offence specified in warrant is misuse of drugs act
65
Search and surveillance act 2012 Drugs S20 place / vehicle
-enter place / vehicle -RGTB cannot get warrant and drugs there -RGTS offence against misuse of drugs act -RGTB CADD
66
Search and surveillance act 2012 Drugs S21 people = people and vehicle
If using s20, may search people there

CPK Dec 2023 (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions