PUBLIC SAFETY PRESERVATION ACT 1986 - SECT 8N Power to search a person without a warrant

PUBLIC SAFETY PRESERVATION ACT 1986 - SECT 8N

8N Power to search a person without a warrant

(1) This section applies to a person—

(a) who is in the declared area for a terrorist emergency; or

(b) who is about to enter the declared area for a terrorist emergency; or

(c) who a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.

(2) A terrorist emergency officer may, without a warrant, stop, detain and search the person, and anything in the person’s possession, for anything relevant to the terrorist emergency.

Examples of things that may be searched—

laptop, mobile phone

(3) The terrorist emergency officer may seize all or part of a thing if the officer reasonably suspects—

(a) the thing may provide evidence of the commission of an offence; or

(b) the person may use the thing to cause harm to the person or someone else.

(4) The Police Powers and Responsibilities Act 2000 , chapter 20 , applies as if anything done under subsection (2) or (3) were done under that Act.

(5) Nothing done under this section, other than the search mentioned in subsection (6) , is an enforcement act under the Police Powers and Responsibilities Act 2000 .

(6) A search of a person involving the removal of the person’s clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000 .