Search & Surveillance Flashcards
N I A R
Section 125 - Rules and Obligations:
Name: Identify yourself
Intention to search: State you intend to search and why (reason for search)
Act: State the act your searching under
Reason for search: Tell them why you are searching and what you are looking for eg to ensure you have nothing to harm anyone or to facilitate your escape.
S & S
Section 85
You can carry out a rub down search if:
- The person has been arrested
OR
- They have been detained eg M1
To ensure they aren’t carrying anything that could:
- Harm anyone
- Facilitate their escape
S & S
Section 88
You can search anyone who is arrested or detained if you believe they are carrying:
- Evidential material relating to the offence in which the arrest/detainment was made
- Something to harm a person
- It may facilitate their escape
Section 11
You can search anyone who has been taken into custody and is to be locked up:
- At a police station
- A premise being used for police purpose
- In or about to be in a police vehicle
EG - removing shoelaces, necklaces, hoodie strings, shoes etc
Section 11 (3)
You can repeat the custodial search if:
- It wasn’t done at the start
- They’ve been in close contact with someone not in custody eg lawyer, doctor.
- They’ve been in contact with someone in custody who hasn’t been searched yet eg K1
- You have grounds to believe they have anything that may be used to harm themselves or others.
Section 13
Property taken from people locked up under section 11 must be returned unless:
- It is evidence in processing against their arrest/detainment
- Possession may constitute an offence
Consent Searches
Section 92
You can conduct a consent search for purposes of:
To prevent a offence occurring
To discover if an offence has been committed
To protect life or property
To prevent injury or harm
You can ask to search:
Themselves
A place
A vehicle
A thing in their control eg bag
You MUST advise them they can consent or refuse
Section 169
Section 131
Section 14
Section 110
Section 7
Section 8
Section 83
PLACES
Section 84
VEHICLE