Vehicle Stops

Question 1

What is Section 9?

Answer 1

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences)

Question 2

What are the provisions of Section 9?

Answer 2

If you have reasonable grounds to suspect that a person is:
unlawfully at large or
has committed an offence punishable by imprisonment or
you have RGTB the person is in or on a vehicle

Question 3

Powers under section 9

Answer 3

You may

Stop the vehicle without warrant to arrest the person

Question 4

What is section 10?

Answer 4

Powers and duties of constable after vehicle stopped

Question 5

Powers under section 10

Answer 5

If you are exercising the stopping power under S9 you may:
require any person in or on the vehicle to supply all or any of their name, address, other contact details and DOB if you have RGTS
they are unlawfully at large
or
they have committed an offence punishable by imprisonment.

You may also
Search the vehicle to locate the person if you have RGTB that the person is in or on the vehicle
or
Search the vehicle for evidential material in relation to any offence in respect of which the vehicle was stopped if the person has been arrested or is fleeing before they can be arrested.

Question 6

What is section 121?

Answer 6

Stopping a vehicle without warrant for purposes of searfch

Question 7

Powers under section 121

Answer 7

If you are satisfied that there are grounds to conduct a warrantless search under this act you may stop a vehicle to conduct the warrantless search.

OR if you are satisfied there is a search warrant has been issued under this act you may stop a vehicle to execute the search warrant.

Question 8

What is section 122?

Answer 8

Moving a vehicle for the purpose of search or safekeeping?

Question 9

Provisions of section 122?

Answer 9

If you find or stop a vehicle and you have:

• Lawful authority to search the vehicle, but it is impracticable to do so at that place OR
• Reasonable grounds to believe that it is necessary to move the vehicle for safe keeping OR

Question 10

Powers under Section 122

Answer 10

you may:

-Move the vehicle to another place

Question 11

What is section 128?

Answer 11

Duty to remain stopped

Question 12

Provisions of section 128?

Answer 12

If you exercise a power to
Stop a vehicle
or
Search a vehicle

Question 13

Powers under section 128?

Answer 13

You may require the vehicle to remain stopped for as long as reasonably necessary to exercise any powers in relation to the vehicle or the occupants of the vehicle.

Question 14

What is section 129?

Answer 14

Duty to provide information

Question 15

Provisions of section 129?

Answer 15

If you exercise a power to stop a vehicle, as soon as you have stopped it you must provide the driver with RAN.

Question 16

What is section 30?

Answer 16

Obtaining authorization for warrantless road block

Question 17

What is section 32?

Answer 17

Authorised road blocks implemented without warrant

Question 18

Powers under section 32?

Answer 18

What a road block is authorised under section 30 you may:
Establish a road block in the specified place
Stop vehicles at or in the vicinity of
Require any person in/on vehicle stopped by road block who you have RGTS has committed an offence punishable by jail to state name address DOB.
Search the vehicle for the person.