Search and Surveillance Bill

  • enacted

Giving directions

112 Securing place, vehicle, or other thing to be searched
  • (1) The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—

    • (a) secure the place, vehicle, or other thing searched, any area within in or on that place, vehicle, or other thing, or any thing found within in or on that place, vehicle, or other thing:

    • (b) exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.

    (2) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—

    • (a) identify himself or herself; and

    • (b) advise the person affected of the reason and authority for the exercise of the power.

    • (a) identify himself or herself either by name or by unique identifier; and

    • (b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and

    • (c) if not in Police uniform, produce evidence of his or her identity.