Subpart 6—Warrantless powers in relation to arms offences

18 Warrantless searches associated with arms

(1)

A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:

(a)

search the person:

(b)

search any thing in the person’s possession or under his or her control (including a vehicle):

(c)

enter a place or vehicle to carry out any activity under paragraph (a) or (b):

(d)

seize and detain any arms found:

(e)

seize and detain any licence under the Arms Act 1983 that is found.

(2)

The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—

(a)

he or she is in breach of the Arms Act 1983; or

(b)

he or she, by reason of his or her physical or mental condition (however caused),—

(i)

is incapable of having proper control of the arms; or

(ii)

may kill or cause bodily injury to any person; or

(c)

that, under the Family Violence Act 2018,—

(i)

a protection order or a police safety order is in force against the person; or

(ii)

there are grounds to make an application against him or her for a protection order.

(3)

A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in the place or vehicle—

(a)

in respect of which a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or

(b)

that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.

Section 18(2)(c): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).