LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 37 Powers to stop vehicles and erect roadblocks

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 37

37 Powers to stop vehicles and erect roadblocks

(cf Police Powers (Vehicles) Act 1998 , s 10)

(1) For the purposes of this Act, the following are
"vehicle roadblock powers" --

(a) the power to establish a roadblock (consisting of any appropriate form of barrier or obstruction preventing or limiting the passage of vehicles) on any specified road, road related area or other public place or school,

(b) the power to stop vehicles at a roadblock.

(2) A senior police officer may authorise another police officer to exercise any or all of the vehicle roadblock powers in respect of any specified vehicle (or class of vehicles) on a road, road related area or other public place or school if the senior police officer suspects on reasonable grounds that--

(a) the vehicle (or a vehicle of the specified class of vehicles) is being, or was, or may have been, used in or in connection with the commission of an indictable offence and the exercise of the powers may provide evidence of the commission of the offence, or

(b) circumstances exist on or in the vicinity of that road, road related area, place or school that are likely to give rise to a serious risk to public safety and the exercise of the powers may lessen the risk.

(3) A police officer may exercise vehicle roadblock powers without obtaining an authorisation by a senior police officer if the police officer suspects on reasonable grounds that it is necessary to exercise the powers and that the seriousness and urgency of the circumstances require the powers to be exercised without obtaining the authorisation.

(4) A police officer who acts under subsection (3) must notify a senior police officer as soon as practicable and obtain an authorisation for any ongoing action.