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Flashcards in Incidents and Offences Deck (11)
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Section 27

Search and Surveillance Act 2012

Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected

A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, without a warrant, search the person.

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Section 28

Search and Surveillance Act 2012

Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

(1) A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.

(2) The circumstances are that—

(a) a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and

(b) the vehicle contains a knife, offensive weapon, or disabling substance.

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Section 29

Search and Surveillance Act 2012

Power to search vehicles without warrant for stolen property

If you have reasonable grounds to believe that:

• any stolen property is in or on any vehicle

you may:

• search the vehicle without warrant.

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Section 121 (1)

Search and Surveillance Act 2012

Stopping a vehicle without a warrant for purposes of search

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Section 125

Search and Surveillance Act 2012

Special rules about searching persons

R - Reason for the search

A - What act are you using

N - Name and identification

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Section 169

Search and Surveillance 2012

When you use a warrantless power of entry, search or surveillance you must report this by completing an online notification form as soon as practicable.

The notification must contain:

a short summary of the circumstances
the reasons you needed to exercise the warrantless power
whether any evidential material was seized
whether any criminal proceedings have been brought or are being considered as
a consequence of seizing that evidential material.
You do not need to report on:

a search of a person following their arrest or a search of a person following their detention under any other enactment (ss85 or 88)
a search of a person in lawful custody (s11)
a consent search (ss91-96)
the exercise of a power of entry that does not confer a power of search (such as
s14 – entry to prevent offence or respond to risk to life or safety).

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Section 133
Search and Surveillance Act 2012

Inventory of items seized
(1)
The person who carries out a search must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier of the place, or the person in charge of the vehicle or other thing, from where the seizure took place, and to every other person who the person who carried out the search has reason to believe is the owner of the thing that was seized,—
(a)
written notice specifying what was seized; and
(b)
a copy of the authority referred to in section 131(1)(b).
(2)
A written notice referred to in subsection (1)(a)—
(a)
must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right to apply—
(i)
to have access to the thing; or
(ii)
to have access to any document relating to the application for a search warrant or the exercise of any other search power that led to the seizure; and
(b)
must contain information about the right to bring a claim that any privileged or confidential information has been seized; but
(c)
need not be provided to the occupier of the place or person in charge of the vehicle or other thing from which the seizure took place, if the person who carries out the search is satisfied that none of the items seized are owned by that person.
(3)
If the occupier of the place or person in charge of the vehicle or other thing is not present at the time of seizure, a written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 131(1)(b) may be provided to that person by leaving the notice in a prominent position at the place, or in or on the vehicle or other thing.
(4)
Subsection (1) is subject to subsections (2) and (3).
(5)
This section is subject to sections 134 and 135.

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Police powers in public places

Section 109

Mental Health Act 1992

Any members of police may apprehend

Any person wandering at large in a public place

Behaving in a manner that gives rise to a reasonable belief that he/she may be mentally disordered and

The member believes it is in the interest of the person or public to do so.

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Assisting a Medical Practitioner

Section 110

Mental Health Act 1992

Any member of police called upon in such circumstances may

Enter the premises by force if neccessary

And detain the person in those premises until the assessment examination has been conducted

Take the person to some other place nominated by the medical practitioner, for the purposes of a medical examination or an assessment examination, and detain at the location until the examination has been conducted.

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Assisting a DAO

Section 41

Mental Health Act 1992

Any member of police called upon in such circumstances may

Enter the premises by force if necessary

And detain the person in those premises until the assessment examination has been conducted

Or take the person to some other place nominated by the DAO

take the person to some other place nominated by the DAO for the purposes of a medical examination or an assessment examination, and detain at the location until the examination has been conducted.

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Section 45

Evidence Act 2006

Admissibility of visual identification evidence

(1) If a formal procedure is followed by officers of an enforcement agency in obtaining visual identification evidence of a person alleged to have committed an offence or there was a good reason for not following a formal procedure, that evidence is admissible in a criminal proceeding unless the defendant proves on the balance of probabilities that the evidence is unreliable.
(2) If a formal procedure is not followed by officers of an enforcement agency in obtaining visual identification evidence of a person alleged to have committed an offence and there was no good reason for not following a formal procedure, that evidence is inadmissible in a criminal proceeding unless the prosecution proves beyond reasonable doubt that the circumstances in which the identification was made have produced a reliable identification.
(3) For the purposes of this section, a formal procedure is a procedure for obtaining visual identification evidence—
(a)  that is observed as soon as practicable after the alleged offence is reported to an officer of an enforcement agency; and
(b)  in which the person to be identified is compared to no fewer than 7 other persons who are similar in appearance to the  [suspect]; and
(c)  in which no indication is given to the person making the identification as to who among the persons in the procedure is the  [suspect]; and
(d)  in which the person making the identification is informed that the [suspect] may or may not be among the persons in the procedure; and
(e)  that is the subject of a written record of the procedure actually followed that is sworn to be true and complete by the officer who conducted the procedure and provided to the Judge and the defendant (but not the jury) at the hearing; and
(f)  that is the subject of a pictorial record of what the witness looked at that is prepared and certified to be true and complete by the officer who conducted the procedure and provided to the Judge and the defendant (but not the jury) at the hearing; and
(g)  that complies with any further requirements provided for in regulations made under section 201.
(4) The circumstances referred to in the following paragraphs are good reasons for not following a formal procedure:
(a)  a refusal of the  [suspect] to take part in the procedure (that is, by refusing to take part in a parade or other procedure, or to permit a photograph or video record to be taken, where the enforcement agency does not already have a photo or a video record that shows a true likeness of that person):
(b)  the singular appearance of the  [suspect] (being of a nature that cannot be disguised so that the person is similar in appearance to those with whom the person is to be compared):
(c)  a substantial change in the appearance of the  [suspect] after the alleged offence occurred and before it was practical to hold a formal procedure:
(d)  no officer involved in the investigation or the prosecution of the alleged offence could reasonably anticipate that identification would be an issue at the trial of the defendant:
(e)  if an identification of a person alleged to have committed an offence has been made to an officer of an enforcement agency soon after the offence  [occurred] and in the course of that officer's initial investigation:
(f)  if an identification of a person alleged to have committed an offence has been made to an officer of an enforcement agency after a chance meeting between the person who made the identification and the person alleged to have committed the offence.