Serious Offence Searches

Question 1

Section 116 (1)(a) Search and Surveillance Act

Answer 1

Secure place, vehicle or other thing

If you are carrying out any search of a place, vehicle or other thing, you may in a reasonable manner and for a reasonable duration, secure the place, vehicle or other thing being searched

Question 2

Section 116 (1)(b) Search and Surveillance Act

Answer 2

Exclude person from place, vehicle or other thing

If you believe a person will obstruct or hinder any of the powers above, you may in a reasonable manner and for a reasonable duration exclude any person from the place, vehicle or other thing being searched

Question 3

Section 116 (2) Search and Surveillance Act

Answer 3

If you are exercising the powers above and any person affected requests it, you must:
- identify yourself by name
- state the name of the act under which the search is taking place
- the reason for the search
(NIAR)

Question 4

Section 118 Search and Surveillance Act

Answer 4

Powers of detention incidental to powers to search places and vehicles

If you exercise a search power in relation to a place or vehicle and you need to determine if there is any connection between a person at the place or in or on the vehicle and the object of the search then you may detain them

Question 5

Section 119 Search and Surveillance Act

Answer 5

Powers to search persons at a place or vehicle

If you exercise a power of search in relation to a place or vehicle you may search any person found at the place or in or on the vehicle, who arrives at the place or who stops at, enters, or tries to enter or get into or onto the vehicle

Question 6

Section 117 Search and Surveillance

Answer 6

Entry where a search warrant is pending

If a search warrant application is about to be made or is being made and the application has not yet been granted or refused and you believe on reasonable grounds that before the search warrant can be issued, evidential material may be concealed, altered, damaged, destroyed or removed

Question 7

Section 15 Search and Surveillance

Answer 7

Entry without warrant to find and avoid loss of evidential material

If you have reasonable grounds to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed or is being committed or is about to be committed and you have reasonable grounds to believe that evidential material relating to the offence is in a place and if entry is delayed in order to obtain a search warrant, the evidential material will be concealed, altered, damaged or destroyed

Question 8

Section 16 Search and Surveillance Act

Answer 8

Searching people in a public place without warrant for evidential material relating to certain offences

If a person is in a public place and you have reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more you may search the person without warrant

Question 9

Section 17 Search and Surveillance Act

Answer 9

Warranties entry and search of a vehicle for evidential material relating to certain offences

If a vehicle is in a public place and you have reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle you may enter and search the vehicle without warrant