Search of prohibited persons and persons in their company
353 Search of prohibited persons and persons in their company
A police officer has the following powers to stop and search a person —
power to stop and search a prohibited person as reasonably necessary for the purpose of determining whether the prohibited person has committed an offence under Part 8;
power to stop and search a person in the company of a prohibited person if the police officer reasonably suspects that the person in company or the prohibited person has committed an offence under Part 8.
A police officer who conducts a search of a person under this section has the following powers —
power to stop and detain the person being searched for so long as is reasonably necessary to conduct the search;
power to search any item, package or thing in the possession of a person who is the subject of the search;
power to seize a thing relevant to an offence under this Act that is found in the person’s possession (or in a package or other thing in their possession) or that the person is using.
The Criminal Investigation Act 2006 Part 8 Division 3 applies to the search of a person under this section as if the search were a basic search authorised by that Act.
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