TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 21P Power to search persons
TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 21P
Power to search personsS. 21P(1) amended by Nos 37/2014 s. 10(Sch. item 167.45(a)(i)), 32/2018 s. 53.
(1) A police officer or protective services officer may, without a warrant, stop and search a person, and anything in the possession of or under the control of the person, if—
S. 21P(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.45(a)(ii)), 32/2018 s. 53.
(a) the police officer or protective services officer suspects on reasonable grounds that the person is the target of an authorisation (or the person is found in the company of the target of the authorisation); or
S. 21P(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.45(a)(ii)), 32/2018 s. 53.
(b) the person is in or on a vehicle that the police officer or protective services officer suspects on reasonable grounds is the target of an authorisation; or
(c) the person is in an area that is the target of an authorisation.
S. 21P(2) amended by Nos 37/2014 s. 10(Sch. item 167.45(b)), 32/2018 s. 53.
(2) In conducting a search of anything in the possession of, or under the control of, a person, a police officer or protective services officer may—
(a) request the person—
(i) to produce and empty of its contents any bag, basket or other receptacle; or
(ii) to turn out his or her pockets; or
(b) search through any bag, basket or other receptacle; or
(c) search through and move the contents of any bag, basket or other receptacle; or
(d) search through and move the contents of the person's pockets turned out in accordance with paragraph (a)(ii).
(3) Schedule 1 applies to the search of a person conducted under this section.
Note
Schedule 1 provides for the carrying out of ordinary searches, frisk searches and strip searches. A strip search may not be carried out unless the person is suspected of being the target of an authorisation.
S. 21P(4) amended by Nos 37/2014 s. 10(Sch. item 167.45(b)), 32/2018 s. 53.
(4) A police officer or protective services officer may detain a person for so long as is reasonably necessary to conduct a search under this section.
S. 21P(5) amended by Nos 37/2014 s. 10(Sch. item 167.45(b)), 32/2018 s. 53.
(5) A police officer or protective services officer may direct a person or group of people not to enter or to leave or not to leave an area that is the target of an authorisation.
S. 21Q inserted by No. 5/2006 s. 5.