Search & Surveillance Act 2012

Question 1

What is Section 85 used for after a person has been arrested or detained?

(Rub-down search)

Answer 1

To ensure that the person is not carrying anything that may be used to harm any person or facilitate the person’s escape

Question 2

When you may carry out a rub-down search of a person? (Section 85)

Answer 2

When the person is arrested or detained under a statutory power of detention (any enactment)

Question 3

When is section 88 used?

(Evidential material)

Answer 3

When a person is arrested or detained and;

• Have reasonable grounds to believe that the person is carrying anything that is evidential material relating to the offence, or may be used to harm any person or facilitate the person’s escape

Question 4

Under Section 125, what are the rules and obligations when searching persons?

Answer 4

When exercising a power to search any person, you must give:

• Reason – Reason for search
• Act – Search & Surveillance Act 2012
• Name – Constable Name

Question 5

When is a warrantless search under Section 11 conducted?

Answer 5

When any person has been taken into lawful custody and is or is to be locked up;

• at a Police Station
• in other premises being used for Police purposes
• in or about to be placed in a vehicle being used for Police purposes

and take from him/her all money, and all or any property, found on him/her or in his/her possession

Question 6

When is a person considered to be locked up?

Answer 6

When a person is taken into lawful custody and placed behind a closed or locked door that prevents them from leaving

(ie; secure interview room, cell or charge room at the station or a vehicle used for police purposes [other than being placed in a police vehicle only for the immediate purposes of transport] )

Question 7

Four suggestions that may prevent you having to use force to carry out a search?

Answer 7

• Remove the person from the public eye, if possible and safe to do so.
• Explain what you intend to do and why
• Ensure you speak clearly and concisely when asking them to carry out a task so that there is no doubt or confusion on what you require them to do
• Be polite and remain professional at all times

Question 8

When does Section 11(3) apply?

(Search of a person after they have been locked up)

Answer 8

• The person was not searched before they were locked up.
• Reasonably suspect they have been close to a person not locked up in Police custody
• Reasonably suspect they have been close to a person locked up but not searched yet
• Reasonable grounds to believe that the person may have anything on them that may be used to harm themselves or any other person

Question 9

What are the reasons why various articles should be removed from prisoners?

Answer 9

• Damage
• Injury
• Corroborative Evidence
• Escape
• Safe Custody

Question 10

By law, you can search a person only when:

Answer 10

• they are under lawful arrest
• they are detained under an enactment
• they have given consent to the search
• they can be searched under a specific power of search

Question 11

In all searches, you must be able to justify your actions as?

Answer 11

Necessary, justifiable and reasonable

Question 12

What are the Police obligations under Section 21 Bill of Rights Act 1990?

Answer 12

Everyone has the right to be secure against any unreasonable search and seizure, whether of the person, property, correspondence or otherwise.

Police are to use their powers of search and seizure lawfully and correctly.

Question 13

In any search, you must demonstrate that it is?

Answer 13

• Safe
• Controlled
• Thorough

Question 14

Precautions to take when handling sharp objects?

Answer 14

• Sharp objects are to be placed in a specialised sharps container
• Sharp containers should be carried to the area rather rather than carrying the sharp object to the container
• Where possible, use forceps, tongs or other hands free methods to pick up the object
• Needles should not be recapped bent or broken