Search Person

Question 1

Section 85 of the S and S? (Run down search of arrest detained person.

Answer 1

Search to ensure not carrying anything
Harm any person or help escape

Question 2

Section 88 of S and S

Answer 2

Reasonable grounds to believe
Same as 85 but can search for evidence they were arrested for.

Question 3

Section 11 (Custody Search)

Answer 3

Anyone about to be locked up

Question 4

Section 13 of S and S

Answer 4

Money or items taken up section 11 must be returned when released unless it’s used for evidence or possession on the money/ item is an offence.

Question 5

Consent Search - Section 92
When can it be undertaken

Answer 5

To prevent the commission of an offence
Investigate whether an offense has been committed
Protect life or property
Prevent injury or harm

Question 6

Consent Search section 93
What’s advice must be given before search?

Answer 6

Give reason for search
Advise person can consent to search or refuse search

Question 7

Consent search - section 94 and 95

Answer 7

94 - search is unlawful if you fail to give advise or consent given does not have authority to consent.

95 - person under 14 are unable to consent to search or place/car

Question 8

What are our obligations under section 125?

Answer 8

RAN

Reason
Act
Name