Search & Surveillance Act 2012

Question 1

S7 - Entry without warrant to arrest person unlawfully at large.

Answer 1

A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds -

• to SUSPECT that a person is unlawfully at large, and
• to BELIEVE that the person is there.

Question 2

S9 Stopping vehicle to find persons unlawfully at large or who have committed certain offences.

Answer 2

A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds -

(A) to SUSPECT that a person - (i) is unlawfully at large; or (ii) has committed an offence punishable by imprisonment; AND

(B) to BELIEVE that person is in or in the vehicle.

Question 3

S10 Powers and duties of constable after vehicle stopped

Answer 3

1 - A constable exercising the stopping power under S9 may do and one or more of the following:

(a) require any person in or on the vehicle who the constable has RGS is u/l at large or has committed an offence punishable by imprisonment to supply all or any of his/her name, address, other contact details and DOB.
(b) search the vehicle to locate the person referred to in S9, if the constable has RGB that the person is in or on the vehicle.
(c) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under S9, if the person referred to in S9 - (i) has been arrested or (ii) is seen fleeing from the vehicle before he/she can be arrested.

2 - Before conducting a search under a power conferred by subsection 1(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in S9.

Question 4

S14 Warrantless entry to prevent offence or respond to risk to life or safety

Answer 4

(1) A constable who has RGS that any one or more of the circumstances in ss (2) exist in relation to a place or vehicle may
- (a) enter the place or vehicle without a warrant; and
- (b) take any action that he/she has RGB is necessary to prevent the offending from being committed or continuing, or to avert the emergency.
(2) the circumstances are as follows
- (a) an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:
- (b) there is risk to the life or safety of any person that requires an emergency response.