Maritime Security Act 2004

55 Search of persons refusing consent to be searched

(1)

A constable may, without a warrant, search a person and that person’s personal effects or vehicle, and may detain that person for the purposes of that search, and may take possession of any article referred to in section 50(1) found in the course of that search, if—

(a)

a company or master refuses to carry a person who has refused to consent to the searching of his or her person or personal effects or vehicle; and

(b)

the constable has reasonable grounds to suspect that—

(i)

an offence against this Act has been, is being, or will be committed, whether by that person or any other person; and

(ii)

a search of the person refusing to consent will disclose evidential material relating to that offence.

(2)

The refusal of a person to consent to the searching of his or her person or personal effects or vehicle does not of itself constitute reasonable grounds for suspecting that an offence against this Act has been, is being, or is likely to be, committed.

(3)

A constable exercising the power of search under subsection (1) must, before the search is conducted, and on any subsequent request,—

(a)

provide evidence of his or her identity to the person to be searched; and

(b)

inform the person to be searched that the search is authorised under this section; and

(c)

if not in uniform, provide evidence, if asked, that he or she is a constable to the person to be searched.

(4)

If a constable exercises the power of search under subsection (1), he or she must, within 3 days after the day on which he or she exercises the power, furnish to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

Compare: 1972 No 137 s 13

Section 55(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 55(1)(b): replaced, on 1 October 2012, by section 277(5) of the Search and Surveillance Act 2012 (2012 No 24).

Section 55(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 55(3)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 55(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).