Serious Offences Searches

Question 1

What are the 3 main warrantless powers related to evidential material for serious offences?

Answer 1

15 - place/house
16 - people (in public place)
17 - vehicle (public place)

Question 2

What are your obligations when executing a s16 search?

Answer 2

Person - must do s125 obligations, and 169 reporting.

Question 3

What reason do you need to search a person in a public place and in what circumstances?

Answer 3

Need RGTB they’re in possession of EM relating to a 14+ year offence

Question 4

What are some additional powers available to you when doing a s16 search?

Answer 4

Person - can also detain, search, seize, the person or anything they’re wearing or carrying.

Question 5

What is a s15 search for?

Answer 5

Warrantless entry and search of a place to avoid loss of E.M relating to a 14+ offence that is, has, or is about to happen.

Question 6

What reasons/circumstances do you need to do a s15 search?

Answer 6

Need RGTS a 14+ offence has, is, or is about to be committed AND also need RGTB that if entry is delayed, EM relating to the offence will be CADD.

Question 7

When doing a s15 search, who can you detain and for how long?

Answer 7

Can detain a person for any reasonable period who is at the place at the beginning of the search OR who arrives while you are searching, to determine if there’s a connection between the person and the object of the search