Search and Surviellence Act 2012

Question 1

Section 125

Answer 1

Obligations to state NIAR
(Umbrella section for searching people)

Question 2

Section 85

Answer 2

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

Question 3

Section 88

Answer 3

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

Question 4

Section 92

Answer 4

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

Question 5

Section 93

Answer 5

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

Question 6

Section 95

Answer 6

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

Question 7

Section 11

Answer 7

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

Question 8

Section 13

Answer 8

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

Question 9

Section 131

Answer 9

Obligation to state NIAR
(Place vehicle)

Question 10

Section 110

Answer 10

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

Question 11

Section 14

Answer 11

Warrantless Emergency
Entry – Risk To Life

Question 12

Section 169

Answer 12

Reporting The Use Of Powers

Question 13

Section 7

Answer 13

Warrantless Entry Power To Arrest Person Unlawfully At Large

Question 14

Section 8

Answer 14

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

Question 15

Section 28

Answer 15

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

Question 16

Section 29

Answer 16

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

Question 17

Section 83

Answer 17

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

Question 18

Section 123

Answer 18

Seize in plain view

Question 19

Section 112

Answer 19

Seize uncertain items

Question 20

Section 9

Answer 20

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

Question 21

Section 10

Answer 21

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)

Question 22

Section 121(1)

Answer 22

Warrantless power to stop and search vehicle

Question 23

Section 121(2)

Answer 23

Warrant to stop and search vehicle

Question 24

Section 122

Answer 24

Moving vehicle for search OR safekeeping

Question 25

Section 30

Answer 25

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

Question 26

Section 32

Answer 26

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

Question 27

Section 15

Answer 27

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

Question 28

Section 16

Answer 28

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

Question 29

Section 17

Answer 29

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

Question 30

Section 116

Answer 30

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

Question 31

Section 118

Answer 31

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

Question 32

Section 119

Answer 32

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