Search and Surviellence Act 2012 Flashcards

1
Q

Section 125

A

Obligations to state NIAR
(Umbrella section for searching people)

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2
Q

Section 85

A

Rub-down Search
(Harm any person/Facilitate their escape)

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3
Q

Section 88

A

Evidential Material
(Harm any person/Facilitate their escape/EM)

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4
Q

Section 92

A

Consent Search
- Prevent an offence
- Investigate an offence
- Protect life/property
- Prevent harm/injury

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5
Q

Section 93

A

Advise Given Before Consent Search
Determine it is a reason set out in Section 92
- Advise reason
- Advise they may consent or refuse

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6
Q

Section 95

A

Person under 14 years unable to consent to
the search of a place/vehicle
- Unless driving alone

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7
Q

Section 11

A

Custody Search
Money + Property for safe keeping
Anything that may harm any other person

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8
Q

Section 13

A

Return Of Property
Return property unless it
- May be given in evidence in court
- Property constitutes an offence

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9
Q

Section 131

A

Obligation to state NIAR
(Place vehicle)

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10
Q

Section 110

A

Powers during SW
Bring and use stuff
Use assistance
Seize stuff
Take stuff
Enter and search
Reasonable force on property
Copy

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11
Q

Section 14

A

Warrantless Emergency
Entry – Risk To Life

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12
Q

Section 169

A

Reporting The Use Of Powers

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13
Q

Section 7

A

Warrantless Entry Power To Arrest Person Unlawfully At Large

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14
Q

Section 8

A

Warrantless Entry To Avoid Loss Of Offenders Or Evidential Material From Being CADD

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15
Q

Section 28

A

Warrantless Power To Search Vehicle For Offensive Weapons In A Public Place

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16
Q

Section 29

A

Warrantless Power To Search Vehicle For Stolen Property In A Public Place

17
Q

Section 83

A

Warrantless Power To Enter A Place After Arrest To Search For EM To Prevent From CADD

18
Q

Section 123

A

Seize in plain view

19
Q

Section 112

A

Seize uncertain items

20
Q

Section 9

A

Power to stop vehicle to find a person unlawfully at large OR committed an imprisonable offence

21
Q

Section 10

A

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)

22
Q

Section 121(1)

A

Warrantless power to stop and search vehicle

23
Q

Section 121(2)

A

Warrant to stop and search vehicle

24
Q

Section 122

A

Moving vehicle for search OR safekeeping

25
Q

Section 30

A

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

26
Q

Section 32

A

Establish warrantless authorised roadblock
- Stop vehicles
- Require details
- Search for person UAL or CIO

27
Q

Section 15

A

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
28
Q

Section 16

A

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

29
Q

Section 17

A

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

30
Q

Section 116

A

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

31
Q

Section 118

A

Power Of Detention Incidental Powers
To Search Places And Vehicles
A person found/arrives/stops at or enters place/vehicle

32
Q

Section 119

A

Powers To Search Persons At Place Or
Vehicle
A person found/arrives/stops at or enters place/vehicle
NIAR Person Searched