PPRA Commonly Used Powers PDF

PPRA - Commonly used powers Section Summary Section 19: ‘General power to enter to make Enter a place and stay for reasonable time inquiries, investigations or serve documents’ to make enquiries or investigate a matter or NOTE: No power...

PPRA - Commonly used powers Section Summary Section 19: ‘General power to enter to make Enter a place and stay for reasonable time inquiries, investigations or serve documents’ to make enquiries or investigate a matter or NOTE: No power to enter the dwelling only a to serve a document. place. Enter the part of the property that is not occupied that is, a yard to make enquiries (officers may enter a property (not house) without the owner’s consent. Use minimal force to enter (e.g. opening unlocked door). Section 20: ‘What is a reasonable time to stay Have enough time to do what officers have on a place’ to do. Not stay unnecessarily. Section 21: ‘General power to enter to arrest or May enter a place and stay for a reasonable detain someone or enforce warrant’ time on the place to arrest a person without warrant (etc.); may enter the dwelling without the consent of the occupier to arrest or detain a person; if the place is a vehicle, may stop and detain the vehicle and enter it to arrest or detain the person ….. (in part). Note: Refer to relevant section for detailed version including subsection of this section. Section 29: ‘Searching persons without warrant’ Search a person without a warrant if officers reasonably suspect any of the prescribed circumstances exist. Section 30: ‘Prescribed circumstances for Carrying a weapon (in relevant searching persons without warrant’ circumstances). Possession of unlawful dangerous drug. Possession of stolen property. Evidence of commission of a 7-year imprisonment offence. Section 31: ‘Searching vehicles without warrant’ Search a vehicle and anything in it without a warrant if officer reasonably suspects any of the prescribed circumstances. Section 32: ‘Prescribed circumstances for Evidence of commission of a 7-year searching vehicle without warrant’ imprisonment offence. Possession of an unlawful dangerous drug Possession of stolen property. Section 40: ‘Person may be required to state Require evidence of the correctness of the name and address’ stated name and address in prescribed circumstances. Section 41: ‘Prescribed circumstances for A police officer finds the person committing requiring name and address’ an offence. A police officer reasonably suspects the person has committed an offence, including an extradition offence. A police officer is about to take the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514. Section 60: ‘Stopping vehicles for prescribed Gives police the power to stop a vehicle for purposes’ a prescribed purpose as outlined in the section. Section 365: ‘Arrest without warrant’ Section 365(1) arrest without a warrant for all offences Section 365(2) arrest without warrant to investigate or question about an indictable offence. NOTE: a person is not arrested for questioning but for the substantive offence. Section 365A: ‘Arrest without warrant upon Section 365A arrest without warrant upon instruction of another police officer’ instruction from another police officer.