Search & Surveillance Act 2012 Flashcards
(38 cards)
Search & Surveillance Act 2012 Section 27
S&SA 2012 s.27 - Search people P/P for Offensive Weapons
Search & Surveillance Act 2012 Section 28
S&SA 2012 s.28 - Search vehicle for Offensive Weapons
RGTS
- Person in vehicle committed offence against:
- CA 1961 s.202A(4)(a) (Possession of knife, offensive weapon, disabling substances)
AND
- Vehicle contains
+ Knife
+ Offensive weapon
+ Disabling substance
Stop under - s.121(1)
Search and Surveillance Act 2012 Section 29
S&SA 2012 s.29 - Search vehicle for stolen property
[Intended for P/P vehicles, as vehicles becomes part of place on private property]
Search & Surveillance Act 2012 Section 129
S&SA 2012 s.129 - Duty for police to provide information
Search & Surveillance Act 2012 Section 177
S&SA 2012 s.177 - Offences relating to stopping vehicles
3m
- Fails to stop
Search and Surveillance Act 2012 Section 125
S&SA 2012 s.125
People search obligations
R - Reason
A - Act
N - Name
[Not a search power]
Search and Surveillance Act 2012 Section 83
S&SA 2012 s.83 - Enter / Search Place after arrest
Arrested person and RGTB:
- EM relating to offence is at a place
AND
- CADD if delayed
May:
- Enter / Search place for EM (whether or not person was arrested there)
[Section 131 obligations apply]
Search and Surveillance Act 2012 Section 84
S&SA 2012 s.84 - Entry / Search Vehicle after arrest
Arrested person and RGTB:
- EM relating to offence is in/on vehicle
May:
- Enter / Search vehicle for EM (whether or not the person was arrested with the vehicle)
[Section 131 obligations apply]
Search and Surveillance Act 2012 Section 85
S&SA 2012 s.85 - Rub down search (People)
[85 & 88 make sure you search before it’s too late]
May conduct rubdown search of arrested or detained person to ensure they aren’t carrying:
- Anything that could harm any person
- Anything that could facilitate their escape
[Section 125 obligations apply]
Search and Surveillance Act 2012 Section 88
S&SA 2012 s.88 - Evidential Material (People)
[85 & 88 make sure you search before it’s too late]
May search someone you Believe to be carrying anything that:
- is Evidential material relating to offence which the arrest / detainment was made
- may be used to harm any person
- may be used to facilitate the persons escape
[Section 125 obligations apply]
Search and Surveillance Act 2012 Section 131
S&SA 2012 s.131 - Places & Vehicles Obligations
R - Reason
A - Act
I - Intention
N - Name
[Not a search power]
Search and Surveillance Act 2012 Section 112
S&SA 2012 s.112 - Items of uncertain status
[not sure about you]
While exercising search power and:
- Uncertain whether item found may be lawfully seized
AND
- Not reasonably practical to determine if item can be seized at place / vehicle where search takes place
May:
- Remove item for analysis / examination to determine if it may be lawfully seized
[Example: unknown white powder found, unsure if it is drugs or not]
Search and Surveillance Act 2012 Section 123
S&SA 2012 s.123 - Seizure of items in plain view
[property I see]
If as part of duties:
- Exercise search power
or
- Conducting lawful search of person
or
- Lawfully in any place / vehicle
May seize any items found:
- While carrying out search
or
- Result of observations at place / vehicle
& RGTB could seize item under:
- Search Warrant
or
- Search Power
[Note - items of uncertain status (s.112) can be seized during a search of a place, vehicle, other thing or a person]
Search and Surveillance Act 2012 Section 7
S&SA 2012 s.7 - Entry to arrest person unlawfully at large
[thinks their in heaven]
Enter place/vehicle you believe unlawfully at large person is in/on
(SPEW)
- Supervision order (with residence) for CYP & absconds
- Patient (Special & Restricted) & can be returned to hospital
- Escapees from lawful custody (Police / Prison)
- Wanted - warrant to arrest (2W)
Search and Surveillance Act 2012 Section 8
S&SA 2012 s.8 - Enter place / vehicle avoid loss of offender / EM
RGTS:
- Person committed I/O
RGTB:
- Offender is there & will abscond
- CADD evidence
Search & Surveillance Act 2012 Section 9
S&SA 2012 s.9 - Power to Stop vehicle to find person unlawfully at large or committed I/O
RGTS
- Unlawfully at large
- Committed I/O
RGTB
- Person in vehicle
Search & Surveillance Act 2012 Section 10
S&SA 2012 s.10 - Powers & duties after vehicle stopped
Once stopped under s.9
May require details from person you suspect
- Unlawfully at large
- Committed imprisonable offence
May search vehicle to locate person you believe
- In/on vehicle
May search vehicle for EM related to offence if person arrested or seen fleeing from vehicle
Search and Surveillance Act 2012 Section 11
S&SA 2012 s.11 - Searches of people locked up in Police custody
[11 like prison bars]
Property & Money
Includes Police vehicles & other premises being used for Police purposes
Search and Surveillance Act 2012 Section 13
S&SA 2012 s.13 - Return s.11 property & money
Search and Surveillance Act 2012 Section 14
S&SA 2012 s.14 - Emergency Powers
[one four go through the door]
Entry power to avert an emergency
Search and Surveillance Act 2012 Section 92
S&SA 2012 s.92 - Consent search
[It’s up to you]
Always use search power over consent search
Search and Surveillance Act 2012 Section 93
S&SA 2012 s.93 - Advise that must be given before consent search:
[Advice for you from me]
- Reason
- That they can refuse at any time
[no one under 14 can consent]
Search and Surveillance Act 2012 Section 110
S&SA 2012 s.110
[one one oh, tells you how to run the show]
Outlines what we can do carrying out search powers
Gives a range of powers along with every search power including the ability to use any force in respect of any property that is reasonable in the circumstances and to seize anything that is the subject of the search or may be lawfully seized.
Allows taking of photos for evidence
Only look for things in places where it might reasonably be
Search & Surveillance Act 2012 Section 169
S&SA 2012 s.169 - Report use of powers (Report line)
[one six nine, report under this line]
