CRIMES ACT 1900 - SECT 207 Stopping, searching and detaining people

CRIMES ACT 1900 - SECT 207

    (1)     This section applies if a police officer suspects, on reasonable grounds, that—

        (a)     a person is carrying, or otherwise has in his or her possession, a thing (the relevant thing ) relevant to a serious offence or a thing stolen or otherwise unlawfully obtained; and

        (b)     it is necessary to exercise a power under subsection (2) to prevent the thing from being concealed, lost or destroyed; and

        (c)     it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.

    (2)     If this section applies, the police officer may—

        (a)     stop and detain the person; and

        (b)     conduct a frisk search or ordinary search of the person for the relevant thing; and

        (c)     seize the thing if the officer finds it.

    (3)     If, in the course of searching for the relevant thing, the police officer finds any evidential material, the officer may seize the material if the officer suspects, on reasonable grounds, that—

        (a)     it is necessary to seize it to prevent its concealment, loss or destruction; and

        (b)     it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.

    (4)     A frisk search under this section may only be carried out by a person of the same sex as the person being searched.

    (5)     As soon as possible after exercising a power under subsection (2), the police officer must make a written record of—

        (a)     the date, time and place of exercising the power; and

        (b)     details of its exercise; and

        (c)     any details of the person known to the police officer; and

        (d)     the grounds for suspecting the relevant matter mentioned in subsection (1).

    (6)     The police officer must exercise his or her powers under this section subject to section 208.