Search and Surviellence Act 2012 Flashcards
Section 125
Obligations to state NIAR
(Umbrella section for searching people)
Section 85
Rub-down Search
(Harm any person/Facilitate their escape)
Section 88
Evidential Material
(Harm any person/Facilitate their escape/EM)
Section 92
Consent Search
- Prevent an offence
- Investigate an offence
- Protect life/property
- Prevent harm/injury
Section 93
Advise Given Before Consent Search
Determine it is a reason set out in Section 92
- Advise reason
- Advise they may consent or refuse
Section 95
Person under 14 years unable to consent to
the search of a place/vehicle
- Unless driving alone
Section 11
Custody Search
Money + Property for safe keeping
Anything that may harm any other person
Section 13
Return Of Property
Return property unless it
- May be given in evidence in court
- Property constitutes an offence
Section 131
Obligation to state NIAR
(Place vehicle)
Section 110
Powers during SW
Bring and use stuff
Use assistance
Seize stuff
Take stuff
Enter and search
Reasonable force on property
Copy
Section 14
Warrantless Emergency
Entry – Risk To Life
Section 169
Reporting The Use Of Powers
Section 7
Warrantless Entry Power To Arrest Person Unlawfully At Large
Section 8
Warrantless Entry To Avoid Loss Of Offenders Or Evidential Material From Being CADD
Section 28
Warrantless Power To Search Vehicle For Offensive Weapons In A Public Place
Section 29
Warrantless Power To Search Vehicle For Stolen Property In A Public Place
Section 83
Warrantless Power To Enter A Place After Arrest To Search For EM To Prevent From CADD
Section 123
Seize in plain view
Section 112
Seize uncertain items
Section 9
Power to stop vehicle to find a person unlawfully at large OR committed an imprisonable offence
Section 10
Powers after stopping vehicle to find person unlawfully at large/imprisonable offence
- Demand details
- Search for the person UAL or CIO
- Search for EM (After K9 or flees from car)
Section 121(1)
Warrantless power to stop and search vehicle
Section 121(2)
Warrant to stop and search vehicle
Section 122
Moving vehicle for search OR safekeeping
Section 30
Obtaining authorisation for a warrantless road block
Sergeant (and above) has RGTB in a vehicle there is a person he has RGTS is
- Unlawfully at large or committed an imprisonable offence
AND
- Will travel past that road
AND
- Is satisfied with the safety of the public
Section 32
Establish warrantless authorised roadblock
- Stop vehicles
- Require details
- Search for person UAL or CIO
Section 15
Power to enter place without warrant to find and avoid loss of EM
- An offence punishable by imprisonment for a term of 14
years or more (has/is/about to be) committed AND RGTB
that: - EM related to the offence is in a place AND
- If entry is delayed in order to obtain a search warrant, the
EM will be CADD NIAR + Section 169
Section 16
Power To Search People In A PP for EM
Relating to Certain Offences
If a person is in a PP and you have RGTB that:
- The person is in possession of EM relating to an offence
punishable by imprisonment for 14 years or more
You may - Search the person without warrant
NIAR + Detain + Section 169
Section 17
Warrantless Entry And Search Of A
Vehicle For EM Relating To Certain Offences
If a vehicle is in a PP and you have RGTB that:
- EM relating to an offence punishable by imprisonment for
14 years or more is in the vehicle
NIAR + Section 169
Section 116
Securing Place, Vehicle Or Thing To Be Searched
If you are carrying out a search, you may in a reasonable manner and duration
- Secure the place, vehicle or other thing OR any area OR
anything found in that place/vehicle/other thing
And exclude any person if you believe they will obstruct or
hinder the search
Section 118
Power Of Detention Incidental Powers
To Search Places And Vehicles
A person found/arrives/stops at or enters place/vehicle
Section 119
Powers To Search Persons At Place Or
Vehicle
A person found/arrives/stops at or enters place/vehicle
NIAR Person Searched
