Search by Consent

Question 1

Consent search sections

Answer 1

Sections 91-96 of the S&SA 2012 cover consent searches.

Question 2

Reasons for consent searches

Answer 2

Before conducting a consent search, you must determine that the search is for one of the following reasons:

• Prevent the commission of an offence
• Investigate whether an offence has been committed
• Protect life or property
• Prevent injury or harm

Question 3

Before conducting a consent search

Answer 3

You must advise the person from who consent is sought:

• Of the reason for the proposed search
• The may consent or refuse to consent to the search

Question 4

Withdrawal of consent

Answer 4

A person who gives consent to a search of themselves, place, vehicle or thing in their control may withdraw consent at any time.

If this occurs, stop the search immediately, unless you can invoke a warrantless search power to continue the search.

Question 5

Search by Consent under 14 years of age

Answer 5

A person under 14 years of age is unable to consent to the search of a place, vehicle or other thing.

Unless they are found driving with no passenger of or over 14 years of age .

Question 6

Reporting of consent searches

Answer 6

You do not have to report a consent search.