Search and Surveillence Act 2012 Flashcards
18 - Warrantless Searches Associates with Arms
Section 1 (5 options)
Section 2 (7 things)
Section 3 (2 options)
(1)
A constable who has reasonable grounds to suspect that any 1 or more 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 anything in the person’s possession or under his or her control (including vehicle)
(c) enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d) seize and detain if 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 the 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 arms; or
(ii) may kill or cause bodily injury to any person; or
(c) that, under the Family Violence, Act 2019, -
(i) a protection order or 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 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.
9 - Stopping vehicle to find persons unlawfully at large or who have committed certain offences
3 things
(1)
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 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.
10 Powers and duties of constable after vehicle stopped
6 things
(1)
A constable exercising the stopping power under section 9 may 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 in section 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 under section 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 in section 9.
14 Warrantless entry to prevent offence or respond to risk to life or safety
4 things
(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.
