(1) A constable must not conduct an internal search of any part of the body of any person, except for, with the person's consent, searching the person's mouth.

(2) A constable must not require any other person to conduct an internal search of any part of the body of any person, except as provided in section 22 (which relates to internal searches in some circumstances of people under arrest for offences against the Misuse of Drugs Act 1975).

(3) This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.

An issuing officer may issue a search warrant, in relation to a place, vehicle, or other thing, on application by a constable if the issuing officer is satisfied that there are reasonable grounds—

• (a) to suspect that an offence specified in the application and punishable by imprisonment has been committed, or is being committed, or will be committed; and

• (b) to believe that the search will find evidential material in respect of the offence in the place in or on the place, vehicle, or other thing specified in the application.

A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds—

• (a) to suspect that a person is unlawfully at large; and

• (b) to believe that the person is there.

(1) In the circumstances set out in subsection (2), a constable may—

• (a) enter a place or vehicle without a warrant; and

• (b) search for and arrest a person that the constable suspects has committed the offence.

(2) The circumstances are that the constable has reasonable grounds—

• (a) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and

• (b) to believe that the person is there; and

• (c) to suspect believe that, if entry is not effected immediately, either or both of the following may occur:

  • (i) the person will leave there to avoid arrest:

  • (ii) evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.

A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—

• (a) to suspect that a person—

  • (i) is unlawfully at large; or

  • (ii) has committed an offence punishable by imprisonment; and

• (b) to believe that the person is in or on the vehicle.

(1) A constable exercising the stopping power under section 9 may do any 1 or more of the following:

• (aa) require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:

• (a) search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:

• (b) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9—

  • (i) has been arrested; or

  • (ii) is seen fleeing from the vehicle before he or she can be arrested.

(2) Before conducting a search under a power conferred by subsection (1)(b), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9.

(1) This section applies to any person who—

• (a) has been taken into lawful custody; and

• (b) is—

  • (i) at a Police station; or

  • (ii) in other premises, or about to be placed in or is in, or about to be placed in, a vehicle, being used for Police purposes; and

• (c) is to be locked up is, or is to be, locked up (whether pending a decision as to bail under section 21 of the Bail Act 2000, or in any other circumstances).

(2) A constable, or a searcher used in accordance with section 12, may conduct a search of a person to whom this section applies before that person is locked up.

(2A) A constable, or a searcher used in accordance with section 12, may conduct a search of a person after the person is locked up if—

• (a) the person has not been searched under subsection (2); or

• (b) the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to a person who was not locked up in Police custody (other than an enforcement officer or a searcher); or

• (c) the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to another person who was eligible to be searched under this subsection but was not searched; or

• (d) there are reasonable grounds to believe that the person is in possession of anything that may be used to harm himself or herself or others.

(3) A constable or searcher may take from the person any money or other property found during the search.

(3) A constable or searcher may take from the person subject to a search under this section any money or other property found during the search.

(1) A Police employee in charge of a person to whom section 11 applies may use a searcher to conduct a search of the person under section 11 if the use of that searcher is necessary to enable the search of the person in custody to be carried out—

• (a) by someone of the same sex as the person to be searched; or

• (b) within a reasonable time of the person being taken into custody.

(2) The Police employee in charge of a person who is taken into lawful custody and is to be locked up must be satisfied that a searcher used under this section has received appropriate training before that searcher conducts a search under section 11.

(3) The searcher must carry out the search as if he or she were a Police employee.

(1) All money and every item of property taken from a person under section 11 must be returned to him or her when he or she is released from custody, except for the following:

• (a) any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person:

• (b) any money or property whose possession may, in the opinion of a constable, constitute an offence.

(2) Despite subsection (1), when a person described in section 11(1) is released from Police custody and is placed in the custody of another person, all money and every item of property taken from him or her under section 11 (other than money or property of a kind described in subsection (1)(a) or (b)) must, if practicable, be delivered—

• (a) to the person into whose custody he or she is released; or

• (b) to the person in charge of the facility, if he or she is being released from Police custody in order to be held in custody in the facility.

(3) Subsection (1) is subject to an order made under—

• (a) section 40 of the Policing Act 2008; or

• (b) section 404 of the Crimes Act 1961.

• (b) section 377 of the Criminal Procedure Act 2011.

(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 place or vehicle may—

• (a) enter the place or vehicle without a warrant; and

• (b) take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.

(2) The circumstances are as follows:

• (a) an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:

• (b) there is risk to the life or safety of any person that requires an emergency response.

A constable may enter and search a place without a warrant if he or she has reasonable grounds—

• (a) to believe that evidential material is in that place; and

• (b) to suspect—

  • (i) that the evidential material relates to an offence, punishable by imprisonment for a term of 14 years or more, that has been committed, or is being committed, or is about to be committed; and

  • (ii) that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.

A constable may enter and search a place without a warrant if he or she has reasonable grounds—

• (a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and

• (b) to believe—

  • (i) that evidential material relating to the offence is in that place; and

  • (ii) that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.

A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.

A constable may, without a warrant, enter and search a vehicle that is in a public place if he or she has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in the vehicle in or on the vehicle.

(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 Domestic Violence Act 1995,—

  • (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 found there, and detain the arms 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 an indictable offence 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 an indictable offence a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.

A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the Misuse of Drugs Act 1975.

A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—

• (a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—

  • (i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or

  • (ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or

  • (iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or

  • (iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and

• (b) to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and

• (c) to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.

A constable conducting a search of a place or vehicle under section 19 may, without a warrant, search any person found in or on the place or vehicle.

(1) A constable may, in the circumstances set out in subsection (2), do either or both of the following without a warrant:

• (a) search a person:

• (b) seize any controlled drug or precursor substance found during the search.

(1) A constable may, in the circumstances set out in subsection (2), search a person without a warrant.

(2) The circumstances are that the constable has reasonable grounds—

• (a) to believe that the person is in possession of—

  • (i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or

  • (ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or

  • (iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or

  • (iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and

• (b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.

(3) This section does not—

• (a) limit section 19 or 20; or

• (b) authorise a constable to enter or search a place or vehicle except in accordance with those sections.

(1) In the circumstances set out in subsection (2), a constable may require a person to permit a medical practitioner, nominated for the purpose by the constable, to conduct an internal examination of any part of the person's body by means of—

• (a) an X-ray machine or other similar device; or

• (b) a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.

(2) The circumstances are that—

• (a) the person is under arrest for an offence against section 6 or 7 or 11 of the Misuse of Drugs Act 1975; and

• (b) the constable has reasonable grounds to believe that the person has secreted within his or her body any property—

  • (i) that may be evidence of the offence with which the person is charged; or

  • (ii) the possession of which by the person constitutes any other offence against section 6 or 7 or 11 of the Misuse of Drugs Act 1975.

(3) A medical practitioner must not conduct an internal examination if he or she—

• (a) considers that to do so may be prejudicial to the person's health; or