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Enter when Breach of Peace is imminent or occurring.
Enter where danger of significant physical injury or prevent further significant physical injury.
Enter to arrest or detain someone or execute warrant - reasonable belief person is in the premises.
Request identity where identity unknown to police, may assist alleged indictable offence at/near place, before/during/after commission of offence.
Request identity where identity is unknown to police and reasonable grounds to suspect an AVO has been made against the person
- Suspect on reasonable grounds that vehicle being/was/may have been used in or in connection with an indictable offence, police may make requests as follows:
- (a) Driver to disclose identity of any driver, passengers, in or on or about/last stopped.
- (b) Passenger to disclose identity of self, driver, other passengers, in or on about the time/ last stopped.(c) Owner to disclose identity of driver/ passenger, in or on about the time/ last stopped.
- 201(1) Police officer must provide to person subject to the exercise of a power:
- Evidence they are a police officer if not in uniform, Provide name and place of duty, Inform reason for exercise of power.
- 201(2) If practicable at the time if not as soon as practicable after exercising power. 201(2C) If person does not comply with request/direction, Warn the person that failure to comply is an offence.
- (1) Police may request a person in a public place or school to submit to a frisk search, suspect on reasonable grounds person has a dangerous implement (other than laser pointer) – includes knife
- (1A) Search person in public place if suspect on reasonable grounds person has a laser pointer
- (2) If person is student and at school, police can request person to
- (a) submit to search of bag/personal effects with the student, and/or
- (b) submit to search of person’s locker and any bag/personal effect in the locker.
- (3) Person’s presence in location with high incidence of violent crime may be taken into account in determining reasonable cause to suspect that person has a dangerous implement (not laser pointer)
- (4) If searching a student at school, police must if reasonably possible allow student to nominate an adult on school premises to be present during the searchWhen searching, police may request anything seen/detected and suspected on reasonable grounds of being a dangerous implement and/or anything metallic detected by electronic metal detection device.
Power in public place or school to take possession and confiscate things reasonably suspected of being dangerous implements (including knives) unlawfully in a person’s custody.
Search … Person has in his/her possession or under his/her control anything stolen or otherwise unlawfully obtained.
Search …Person has in his/her possession or under his/her control anything used in or intended to be used in or in connection with a relevant offence.
Search Person has in his/her possession or under his/her control in a public place a dangerous article that is being/was used in or in connection with the commission of a relevant offence.
Search Person has in his/her possession or under his/her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or prohibited drug.
When searching under S21 (1) (a) (b) (c) or (d) police suspect on reasonable grounds that a person has concealed item/s in their mouth or hair, can request the person to open their mouth or shake their hair. Cannot forcibly open mouth and the person must not without reasonable excuse fail or refuse to comply with the request.
The vehicle contains or a person in the vehicle has in his her possession or under his or her control, anything stolen or otherwise unlawfully obtained. (search the person under 21(1)(a)).
The vehicle is being, or was, or may have been, used in or in connection with the commission of a relevant offence.
The vehicle contains anything used in or intended to be used in or in connection with the commission of a relevant offence.
The vehicle in a public place or school and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence.
The vehicle contains or a person in the vehicle has in his or her possession or under his or her control, a prohibited plant or prohibited drug in contravention of the Drug Misuse and Trafficking Act 1985 (search the person under 21(1)(d)).
Circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk
Police may stop a vehicle if they suspect on reasonable grounds that the driver, or passenger, is to be arrested, detained or searched exercising a power under this Act or any other law.
Police who arrested for an offence or a warrant or are present at the arrest. Search conducted at or after time of arrest, suspect on reasonable grounds that the person is carrying anything:
Presents a danger to a person
Could assist in an escape from lawful custody
Thing in respect to which an offence has been committed (knife used in a stabbing)
Thing will provide evidence to an offence (drugs)
Used/intended in the commission of an offence.
23(2) Arrested for the purpose of being taken into custody.
Anything that will present a danger to a person, or
Anything that could assist a person to escape lawful custody.
No offence Committed
When searching under S23(1) or (2), if suspect on reasonable grounds a person has concealed item/s in their mouth or hair that may present a danger, assist their escape or be relevant to the offence, police can request the person to open his or her mouth or shake/move his or her hair. Cannot forcibly open a person’s mouth and the person must not without reasonable excuse fail or refuse to comply with the request.
Police officer may search in lawful custody (at a police station or other place) and seize and detain anything found on the search.
(a) Police may stop, search and detain a person if they believe they have in their possession or control a prescribed restricted substance. (substance requiring a prescription from a medical practitioner)(b) any vehicle police suspect contains any restricted substance.
- Police officer may detain an intoxicated person found in a public place who is
- (a) behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or(b) in need of physical protection because the person is intoxicated
Police may search an intoxicated person and take any personal belongings found in the person’s possession.
- Believe on reasonable grounds that person’s behaviour or presence is:
- Obstructing persons or traffic
- Constitutes harassment or intimidation of other person/persons
- Causes/likely to cause fear to a person of reasonable firmness
- For Unlawfully supplying/ intending to supply any prohibited drug
- For Obtaining , purchasing or procuring any prohibited drugPolice may give reasonable direction to reduce or eliminate the behaviour or stop the drug activity.
- Industrial dispute
- Organised Assembly
Police can give a direction to an intoxicated person in a group of 3 or more intoxicated persons in a public place to leave and not return for a period up to 6 hours if believe on reasonable grounds that the behaviour as a result of the intoxication is likely to cause injury/damage to property, or gives rise to a public safety risk. Intoxicated person means a person who appears to be noticeably affected by alcohol or any drug.
Police may give a direction to persons comprising a group
Entry by invitation of person (adult or child) who apparently resides in the residence, believe on reasonable grounds that a DV offence is/was/likely to be committed. Where entry is denied or invitation is withdrawn by the occupier, a victim who is an apparent resident can override occupiers wishes
Police may apply to an authorised officer for a warrant where entry has been denied to the dwelling and police suspect a DV offence is being/was/is likely and it is necessary to enter to investigate or prevent commission or further commission of a DV offence
- A police officer who enters a dwelling…take only action reasonably necessary to:
- (1) (a) Investigate whether a domestic violence offence has been committed
- (b) Render aid to any person that appears injured
- (c) Exercise any lawful power to Arrest a person
- (d) Prevent commission or further commission of a domestic violence offence.(2) Must inquire as to the presence of Firearms in the dwelling; If told yes search and seize; If told yes but you can’t have them, search and seize; if told no and you are satisfied there are no firearms, no further action. Remember this as PIARF
Power to enter, search, seize and detain firearms. If police are informed there are no firearms in the dwelling, but believe on reasonable grounds there are, must apply for a warrant. (A warrant must also be obtained if a DV offence occurs away from where the firearms are stored even if the parties involved are happy for you to take the firearms).
If believe on reasonable grounds that a dangerous article/implement (not laser pointer) is in the dwelling and is being/was/may be used to commit DV offence, Search and seizure dangerous article/implement.
Police MUST apply for Provisional Orders if officer suspects or believes there has been/is being/is likely:DV Offence, Stalking/intimidation, child abuse (or proceedings have commenced for these offences) and there is good reason to believe and order is needed for the IMMEDIATE safety and protection of the victim or to prevent substantial damage to their property. Only police can apply for orders for persons under 16 years.
Police MUST apply for Orders as above – the only difference is there is NO IMMEDIATE need for the safety and protection of the victim
Can direct a person to remain at the scene or another place where they are located by police, (or if person refuses) arrest and detain them at the scene or another place where they are located, or arrest and take the person to the police station and detain them until a PROVISIONAL ORDER is made and served
If police reasonably suspect a person is the defendant in an unserved AVO, may direct person to remain where they are so order can be served. If person refuses, police may arrest and detain at that place or arrest and take to the police station and detain them there to serve the AVO.
Police officer can take ID particulars (fingerprints, palm prints and photographs) of persons 14 years and over in lawful custody for any offence.
Orders by Court for the taking of ID particulars (fingerprints, palm prints and photographs).After the person has been convicted at court and ID particulars were not taken when originally arrested and charged with the offence.
If person under 14years is in lawful custody for an offence, Sgt or above may make application to take ID particulars to Children’s Court (within 72 hours of arrest) or an authorised officer.
Power to examine a person in custody. Sgt or above can request a doctor to examine a person in lawful custody and charged with an offence if there are reasonable grounds for believing an examination of the person may provide evidence of the commission of the offence.
Child or young person (<18) is in immediate risk of serious harm and an AVO won’t suffice.
A child (<16) is in need of care and protection and is not under the supervision and control of a responsible adult and is living in or habitually frequenting a public place.
A child or young (<18) person is in need of care and protection and is either on premises where acts of prostitution or child prostitution take place or where persons are used for pornographic purposes OR is participating in an act of child prostitution or has been used for pornographic purposes. Can be removed from adjacent premises
Enter and Search powers including an adjacent place.
Use of reasonable force powers for entry, search and removal of children relating to 43(1)(2)(3)(4). No compensation is paid
- 11(2) Power to seize liquor from a minor
- 11(5) The person may not be arrested except if it is necessary to administer a caution by police for the offence
- 11(5A) Reasonably suspect has committed an offence under section 11 (possess/consume liquor by minor in a public place), police may require person to state name and residential address, and to produce within a reasonable time to a police station, documentary evidence proving the person is at least 18 years old.
Police reasonably suspect a minor and committing offence under Liquor Act, may require person to state full name, residential address, date of birth, and produce then or at a police station within a reasonable time, documentary evidence of age.
- 77(2) Police officer may turn out of a licensed premises any person who is at the time intoxicated, violent, quarrelsome, or disorderly.
- 77(6) A person turned out or refused admission to a licensed premises in accordance with s.77(2) must not re-enter or attempt to re-enter premises within 24 hours77(8) … and must not without reasonable excuse, remain in the vicinity (within 50 metres from the boundary) of the premises or re-enter the vicinity of the premises within 6 hours of being refused admission or being turned out
Power to enter premises to determine whether there is compliance/contravention of gaming/liquor legislation, for obtaining information or records, observe casino operations etc. Police may enter at any time with the use of reasonable force.
No power for police to enter any part of the premises used only for residential purposes without permission of the occupier or a warrant
Power to inspect and seize things. Allows police to examine or inspect any part of premises or thing on premises, examine/inspect/copy any records, seize anything reasonably believed to be connected with offence under this legislation.
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