SS01: Search and Surveillance Act 2012

Question 1

What does R.A.N stand for in Section 125 of the Search and Surveillance Act 2012?

Answer 1

Reason for the search
Act that you’re searching under
Name of constable and station

Question 2

What does Section 85 of the Search and Surveillance Act 2012 refer to?

Answer 2

That you MAY search that person to ensure they are not carrying anything that may be used to
- To harm any person; or
- Facilitate that persons escape

Question 3

How can you search a person in Section 85 of the Search and Surveillance Act 2012?

Answer 3

Checking their pockets. Remove outer layers (gloves, hats, socks). Pat down outside of underclothing. Open mouth. Display palms/soles. Lift and rub hair.

Question 4

What does Section 88 of the Search and Surveillance Act 2012 refer to?

Answer 4

A warrantless search of an arrested or detained person and have RGTB the person is carrying or (has on them) anything that
- may be used to harm any person
- facilitate the persons escape
- is evidential material in relation to offence arrested for

Question 5

What does Section 11 of the Search and Surveillance Act refer to?

Answer 5

A warrantless search can be conducted on people who are about to be locked up in police custody. To protect detained persons property and remove items that may be used to harm themselves/others, before being locked up.

Question 6

What does Section 13 of the Search and Surveillance Act 2012 refer to?

Answer 6

Any money or property taken under Section 11 must be returned.

Question 7

Section 13 of the Search and Surveillance Act 2012, when does it not apply?

Answer 7

If the money/property may be given in evidence

or

Possession of that money/property constitutes and offence

Question 8

What does Section 92 of the Search and Surveillance Act refer to?

Answer 8

A consent search of themselves, a place, a vehicle or a thing apparently in their control

Question 9

For what purposes can Section 92 of the Search and Surveillance Act 2012 be carried out?

Answer 9

• To prevent the commission of an offence
• To investigate whether an offence has been committed
• To protect life or property
• To prevent injury or harm

IF you have statutory power, use it!!

Question 10

What does Section 93 of the Search and Surveillance Act refer to?

Answer 10

That advice must be given before a consent search

Question 11

What is the required advice set out in Section 93 in the Search and Surveillance Act 2012?

Answer 11

• Determine the search is for a purpose authorised by Section 92 AND
• Advice reason if proposed search AND
• Advice that they may consent to or refuse to be searched

Question 12

What does Section 94 in the Search and Surveillance Act 2012 refer to and how does it apply?

Answer 12

A search by consent is unlawful if;
- It is not for a purpose set out in Section 92
- Fails to give required advice set out in Section 93
- Consent given by a person does not have authority to give consent

Question 13

What does Section 95 of the Search and Surveillance Act 2012 refer to?

Answer 13

Any persons under 14 years old are unable to consent to the search of a
- Place
- Vehicle
- Other thing
UNLESS
They are driving a car

Question 14

What does Section 22 of the Search and Surveillance Act 2012 refer to?

Answer 14

Warrantless power of search of a person for drugs. RGTB is in possession of a controlled drug

Question 15

What does Section 18 of the Search and Surveillance Act 2012 refer to?

Answer 15

Warrantless power of search of a person for firearms. RGTS carrying firearms

Question 16

What does Section 27 of the Search and Surveillance Act 2012 refer to?

Answer 16

Warrantless power of a search of a person for an offensive weapon (RGTS carrying knife, offensive weapon, disabling substances)