s11 LEPRA?
11 Identity may be required to be disclosed
(1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred.
(2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.
s9 LEPRA?
9 Power to enter in emergencies
(1) A police officer may enter premises if the police officer believes on reasonable grounds that—
(a) a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or
(b) a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person, or
(c) the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.
(1A) Before entering premises under subsection (1)(c), the police officer must obtain approval to do so (orally or in writing) from a police officer of or above the rank of Inspector.
(2) A police officer who enters premises under this section is to remain on the premises only as long as is reasonably necessary in the circumstances.
s21 LEPRA?
21 Power to search persons and seize and detain things without warrant
(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—
(a) the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,
(b) the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,
(c) the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
(d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.
(2) A police officer may seize and detain—
(a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and
(b) all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and
(c) any dangerous article, and
(d) any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985,
found as a result of a search under this section.
s23 LEPRA?
23 Power to search persons for dangerous implements without warrant in public places and schools
(1) A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control.
(2) To avoid doubt, if the person is in a school and is a student at the school, the police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker.
(3) For the purposes of this section, the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds to suspect that the person has a dangerous implement in the person’s possession or under the person’s control.
(4) In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search.
(5) A police officer may seize and detain anything found as a result of a search under this section that the police officer has reasonable grounds to suspect is a dangerous implement that is unlawfully in the person’s possession or under the person’s control.
(6) For the purposes of this section—
(a) locker includes any facility for the storage of a student’s personal effects, and
(b) anything inside a person’s locker is taken to be under the control of the person.
s27 LEPRA?
27 Power to carry out search on arrest
(1) A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything—
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody, or
(c) that is a thing with respect to which an offence has been committed, or
(d) that is a thing that will provide evidence of the commission of an offence, or
(e) that was used, or is intended to be used, in or in connection with the commission of an offence.
(2) A police officer who arrests a person for the purpose of taking the person into lawful custody, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything—
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody.
(3) A police officer may seize and detain a thing found in a search if it is a thing of a kind referred to in subsection (1) or (2).
(4) Nothing in this section limits section 28A.
s30 LEPRA?
30 Searches generally
In conducting the search of a person, a police officer may—
(a) quickly run his or her hands over the person’s outer clothing, and
(b) require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person’s clothes), and
(c) examine anything in the possession of the person, and
(d) pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and
(e) do any other thing authorised by this Act for the purposes of the search.
s31 LEPRA?
31 Strip searches
A police officer may carry out a strip search of a person if—
(a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
(b) in the case where the search is carried out in any other place—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.
s32 LEPRA?
32 Preservation of privacy and dignity during search
(1) A police officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this section.
(2) The police officer must inform the person to be searched of the following matters—
(a) whether the person will be required to remove clothing during the search,
(b) why it is necessary to remove the clothing.
(3) The police officer must ask for the person’s co-operation.
(4) The police officer must conduct the search—
(a) in a way that provides reasonable privacy for the person searched, and
(b) as quickly as is reasonably practicable.
(5) The police officer must conduct the least invasive kind of search practicable in the circumstances.
(6) The police officer must not search the genital area of the person searched, or in the case of female or a transgender person who identifies as a female, the person’s breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.
(7) A search must be conducted by a police officer of the same sex as the person searched.
(7A) However, if a police officer of the same sex as the person who is to be searched is not immediately available, a police officer may delegate the power to conduct the search to another person who is—
(a) of the same sex as the person to be searched, and
(b) a person or of a class of persons—
(i) prescribed by the regulations for the purposes of this subsection, or
(ii) that, in the opinion of the Commissioner, has appropriate training, qualifications or experience in conducting personal searches.
(7B) The search by that other person is to be conducted under the direction of the police officer and in accordance with provisions of this Act applying to searches conducted by police officers.
(8) A search of a person must not be carried out while the person is being questioned. If questioning has not been completed before a search is carried out, it must be suspended while the search is carried out.
(8A) Subsection (8) does not prevent the asking of questions that only relate to issues of personal safety associated with the search.
(9) A person must be allowed to dress as soon as a search is finished.
(10) If clothing is seized because of the search, the police officer must ensure the person searched is left with or given reasonably appropriate clothing.
(11) In this section—
questioning of a person means questioning the person, or carrying out an investigation (in which the person participates).
s33 LEPRA?
33 Rules for conduct of strip searches
(1) A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—
(a) the strip search must be conducted in a private area,
(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
(c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.
(2) A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present. Subsection (1)(b) does not prevent any such person who is of the opposite sex to the person being searched from being present during the search.
(3) A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted—
(a) in the presence of a parent or guardian of the person being searched, or
(b) if that is not acceptable to the person, in the presence of another person who is not a police officer and who is capable of representing the interests of the person being searched and whose presence is acceptable to that person.
(3A) Subsection (3) does not apply if a police officer suspects on reasonable grounds that—
(a) delaying the search is likely to result in evidence being concealed or destroyed, or
(b) an immediate search is necessary to protect the safety of a person.
In such a case, the police officer must make a record of the reasons for not conducting the search in the presence of a parent or guardian, or other person capable of representing the interests, of the person being searched.
(4) A strip search must not involve a search of a person’s body cavities or an examination of the body by touch.
(5) A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
(6) A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
(7) A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if the person being searched has no objection to that person being present.
(8) This section is in addition to the other requirements of this Act relating to searches.
(9) In this section—
impaired intellectual functioning means—
(a) total or partial loss of a person’s mental functions, or
(b) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or
(c) a disorder, illness or disease that affects a person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.
How do police conduct a general search?
In conducting the search of a person, a police officer may—
(a) quickly run his or her hands over the person’s outer clothing, and
(b) require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person’s clothes), and
(c) examine anything in the possession of the person, and
(d) pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and
(e) do any other thing authorised by this Act for the purposes of the search.
s82 LEPRA?
82 Entry by invitation
(1) A police officer who believes on reasonable grounds that a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, in any dwelling may, if invited to do so by a person who apparently resides in the dwelling (whether or not the person is an adult) enter the dwelling and remain in the dwelling for any of the following purposes—
(a) to investigate whether a domestic violence offence has been committed,
(b) to take action to prevent the commission or further commission of a domestic violence offence.
(2) However, a police officer may not enter or remain in a dwelling merely because of any such invitation if—
(a) authority to so enter or remain is expressly refused by an occupier of the dwelling, and
(b) the police officer is not otherwise authorised (whether under this or any other Act or law or subsection (3) or (3A)) to so enter or remain.
(3) A police officer may exercise a power to enter and remain in a dwelling if the invitation to enter and remain is given by a person who apparently resides in the dwelling and whom the police officer believes to be the victim of a domestic violence offence, even if another occupier of the dwelling expressly refuses authority to the police officer to do so.
(3A) A police officer who has entered a dwelling in accordance with this section may remain in the dwelling and exercise any of the following powers until such time as a warrant is issued under section 83 in relation to the dwelling—
(a) direct a person to leave, or not to enter, the dwelling,
(b) remove from the dwelling a person who fails to comply with a direction to leave the dwelling,
(c) prevent a person from entering the dwelling,
(d) prevent a person from removing evidence from or otherwise interfering with the dwelling or anything in it and, for that purpose, detain and search the person.
(3B) Such a power may be exercised only if the police officer suspects on reasonable grounds that—
(a) a domestic violence offence is being, or may have been recently, committed in the dwelling, and
(b) the exercise of the power is necessary to preserve evidence of the commission of the offence.
(3C) A police officer may exercise a power under subsection (3A) even though an occupier of the dwelling expressly refuses authority to the police officer to remain in the dwelling.
(4) For the purposes of this section, a victim of a domestic violence offence is any person against whom a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed.
s83 LEPRA?
83 Warrant where entry denied or authority to remain refused
(1) A police officer may apply to an authorised officer for a warrant if the police officer—
(a) has been denied entry to a specified dwelling or is expressly refused authority to remain in a specified dwelling by an occupier of the dwelling, and
(b) the police officer suspects that—
(i) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and
(ii) it is necessary for a police officer to enter the dwelling immediately, or to remain in the dwelling, in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.
(2) An authorised officer may, if satisfied that there are reasonable grounds for the police officer’s suspicion, issue a warrant authorising any police officer—
(a) to enter or remain in the dwelling, and
(b) to investigate whether a domestic violence offence has taken place or to take action to prevent the commission or further commission of a domestic violence offence, or both.
s85 LEPRA?
85 Powers that may be exercised on entry into premises
(1) A police officer who enters a dwelling pursuant to a power conferred by or under this Part is to take only the action in the dwelling that is reasonably necessary—
(a) to investigate whether a domestic violence offence has been committed, and
(b) to render aid to any person who appears to be injured, and
(c) to exercise any lawful power to arrest a person, and
(d) to prevent the commission or further commission of a domestic violence offence.
(2) A police officer who so enters a dwelling must inquire as to the presence of any firearms in the dwelling and, if informed that there is or are a firearm or firearms, must take all such action as is reasonably practicable to search for and to seize and detain the firearm or firearms.
(3) A police officer who so enters a dwelling is to remain in the dwelling only as long as is necessary to take the actions required or permitted by this Part.
s86 LEPRA?
86 Police may enter and search for firearms
(1) A police officer who, on an inquiry under section 85, is informed that there is no firearm in the dwelling but who believes on reasonable grounds that there is or are a firearm or firearms in the dwelling, must apply to an authorised officer for the issue of a search warrant.
(2) A police officer who believes on reasonable grounds that—
(a) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, otherwise than in a dwelling, and
(b) any of the persons concerned may have a firearm in a dwelling,
must apply to an authorised officer for the issue of a search warrant.
(3) In addition to any other powers of an authorised officer under Part 5, an authorised officer who issues a search warrant that a police officer is required to apply for under this section may, in the warrant, authorise any police officer—
(a) to enter and search the dwelling concerned for firearms, and
(b) to seize and detain any firearms that may be found in the dwelling.
(4) This section does not apply to a police officer if the circumstances are such that the police officer has power to search and seize a dangerous article under another provision of this Act or another law.
s87 LEPRA?
87 Search and seizure powers
A police officer who enters a dwelling under a power conferred by or under this Act and who believes, on reasonable grounds, that—
(a) a dangerous article or dangerous implement (other than a laser pointer) is in the dwelling, and
(b) that the dangerous article or dangerous implement is being, or was, or may have been or may be used to commit a domestic violence offence,
may search the dwelling for the dangerous article or dangerous implement and seize and detain the dangerous article or dangerous implement.
s99 (1) LEPRA?
(1) A police officer may, without a warrant, arrest a person if—
s99 (1) (a) LEPRA?
(a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and
s99 (1) (b) LEPRA?
(b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons—
s99 (1) (b) (i) LEPRA?
C in FINECHAPS
(i) to stop the person committing or repeating the offence or committing another offence,
s99 (1) (b) (ii) LEPRA?
F in FINECHAPS
(ii) to stop the person fleeing from a police officer or from the location of the offence,
s99 (1) (b) (iii) LEPRA?
I in FINECHAPS
(iii) to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,
s99 (1) (b) (iv) LEPRA?
A in FINECHAPS
(iv) to ensure that the person appears before a court in relation to the offence,
s99 (1) (b) (v) LEPRA?
P in FINECHAPS
(v) to obtain property in the possession of the person that is connected with the offence,
s99 (1) (b) (vi) LEPRA?
E in FINECHAPS
(vi) to preserve evidence of the offence or prevent the fabrication of evidence,
