Search And Surviellance Act 2012 Flashcards
Section 7
Entry without warrant to arrest person unlawfully at large
A Constable may …. A …. Or ….. without warrant to …… for and ….. a person if the Constable has reasonable grounds to …… that a person is unlawfully at large and to …… that the person is there.
Enter
Place
Vehicle
Search
Arrest
Suspect
Believe
Section 9
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 ….. …. .. …… that a person is …… .. ….. or has ….. .. …. …….. … …… and to …… that the person is .. .. .. the vehicle
Reasonable grounds to suspect
Unlawfully at large
Committed an offence punishable by imprisonment
Believe
In or on
Section 10
Powers and duties of Constable after vehicle stopped
A Constable exercising the stopping power under section 9 may do any one or more of the following:
- …. Any person .. or .. the vehicle who the Constable has reasonable grounds to …… is …. .. …… or has ….. .. …. ……. .. …… to …. All or any of … .. … …. ….. other contact details and …. .. …..
Search the vehicle to …. … …… referred to in section 9 if the Constable has reasonable grounds to ….. that the person is .. .. .. the vehicle, ….. the vehicle to locate ….. that is evidential material in relation to any ….. in respect of which the vehicle was stopped under section 9. If the person referred to in section 9 has been …. Or is seen …… ….. … ……
Before he or she can be arrested, before conducting a search under a power conferred by section 1C, a Constable must tell the …. The object of the proposed search if the … .. … … ….. ……. .. .. section 9
Require
In or on
Suspect
Unlawfully at large
Committed an offence punishable by imprisonment
Supply
His or her name, address
Date of birth
Locate the person
Believe
In or on
Search
Property
Offence
Arrested
Fleeing from the vehicle
Driver
Driver is not the person referred to in
Section 14
Warrantless entry to prevent offence or respond to risk to life or safety
A Constable who has reasonable grounds to suspect that any one or more of the circumstances set out in subsection 2 exist in relation to a …. Or …. May enter the … or ….. without a warrant and …. … ….. that he or she has reasonable grounds to believe is ….. to …. Offending from being ….. or ….. or to …. The emergency, the circumstances are as follows, an offence is … ….. or is …. .. .. ….. that would be likely to cause …. To any person or ….. ….. to or ….. …. Of any property. There is a risk to the … .. …. Of any person that requires an ….. ……
Place
Vehicle
Place
Vehicle
Take any action
Necessary
Prevent
Committed
Continuing
Avert
Being committed
About to be committed
Injury
Serious damage
Serious loss
Life or safety
Emergency response
S18 warrantless searches associated with arms
A Constable who has ……. …… .. ….. that any one or more of the circumstances in sub section 2 exist in relation to a person may without a warrant do any or all of the following, ….. the person …. Anything in the persons ……. Or …. His or her ……. Including a …… enter a …. Or …… to carry out any ….. under paragraph a or b, …. And ….. any arms found, ….. and …. Any license under the arms act 1983 that is found, the circumstances are that the person is …. …. Or is in ….. of them or has them under his or her …. and he or she is in …. Of the arms act 1983 or he or she has by reason of his or her ….. ….. however caused is …. Of having …. …… of the arms or May … or cause ….. ….. to any person or that under the family violence act 2018 a ….. ……. Or a ….. ….. ….. is in force against the person or there are grounds to … .. …… against him or her for a ….. ……, a Constable May without a warrant …. A place or vehicle …. It, …. Any arms or any license under the arms act 1983 found there and …. The arms or licence if he or she has reasonable grounds to suspect that there are arms in the place or vehicle, in respect of which a category 3 offence a category 4 offence or an offence against the arms act 1983 has been …. Is about to be ….. or that may be ….. ….. in relation to a category 3 offence, category 4 offence or an offence against the arms act 1983
Reasonable grounds to suspect
Search
Search
Possession
Under
Control
Vehicle
Place
Vehicle
Activity
Seize
Detain
Seize
Detain
Carrying arms
Possession
Control
Breach
Mental condition
Incapable
Proper control
Kill
Bodily injury
Protection order
Police safety order
Make an application
Protection order
Enter
Search
Seize
Detain
Committed
Committed
Evidential material
Section 20
A Constable may enter a …. Or …. Without a warrant if he or she has reasonable grounds to ……. That it is not ….. .. ….. . …… and that in or on the place or vehicle there is a …… ….. specified or described in schedule 1,2 or 3 of the misuse of drugs act 1975 or a ….. …… specified or described in part 3 or 4of the misuse of drugs act 1975 and to suspect that .. or .. the … or ….. an offence against the misuse of drugs act 1975 has ….. …., .. …… …… or ….. .. .. ……. In respect of that …. … or ….. ….. and to ….. that if the entry and search is not …… … …… evidential material relating to the offence will be …. ……. ….. or ……..
Place
Vehicle
Believes
Practicable to obtain a warrant
Controlled drug
Precursor substance
In
On
Place
Carried out immediately
Destroyed, concealed, altered
Damaged
Vehicle
Been committed, is being committed about to be committed
Controlled drug
Precursor substance
Believe
Section 30 obtaining authorisation for warrantless roadblocks
A … …… may authorise the establishment of a road block for the purpose of ….. . …. In the circumstances set out in subsection 2 the circumstances are that the senior Constable … …… …… .. ……. That in or on a ….. there is a person who the Constable has reasonable grounds to ….. has ….. .. ……. ……. .. . … .. ……. Or is ….. .. …. And has reasonable grounds to ….. that the ….. will travel past the place where it is proposed the road block be …… and is satisfied that as is reasonably practicable the …. .. …. ….. …. Will be ensured in the area in which it is proposed that the roadblock be established an authorisation may be granted under this section …. Or in ….. in this section senior Constable means . …… … ….. .. …….. .. ……. And includes any …… … .. …… .. … ….. …..
Senior Constable
Arresting a person
Has reasonable grounds to believe
Vehicle
Suspect
Committed an offence punishable by a term of imprisonment
Unlawfully at large
Suspect
Vehicle
Established
The safety of all road users
Orally
Writing
Constable who holds a level of position of sergeant or higher
Constable that is acting in any such rank
Section 118
Powers of detention incidental to powers to search places and vehicles.
If any Constable or other person or person assisting any Constable or other person exercises a search power in relation to a …. Or ….. that Constable or other person may for the purpose of ….. …… … .. . …… between a person at the place or in or on the vehicle and the ….. .. … ….. detain any person who is .. …. ….. or in or on the vehicle at … ……. Of the search or who ….. .. the place or …. .. or …. Or tries to …. The vehicle while the search is being carried out a person may be ….. under subsection one for any period that is …… but not … …… …. … ……. .. …. …… a detention of any person commences under subsection 1 when the Constable or other person ……. … ….. …… directs the person to …. .. … …. .. … .. .. …. …… and ends when that person is told by the Constable or other person or a person assisting that Constable or other person that .. .. … .. …. .. ….. … …. .. ….. reasonable …. … .. …. For the purpose of effecting and continuing any detention under subsection one for the purposes of subsection one other person means a person to whom section 115(2) applies
Place
Vehicle
Determining whether there is a connection
Object of the search
At the place
The commencement
Arrives at
Stops at
Enters
Enter
Detained
Reasonable
For longer than the duration of the search
Exercising the search power
Remain at the place or in or on the vehicle
He or she is free to leave that place or vehicle
Force may be used
