Subpart 8—Reporting

169 Reporting of exercise of powers within law enforcement agency

(1)

Any constable who exercises a warrantless entry power, search power, or surveillance power conferred by Part 2 or 3 of this Act must provide a written report on the exercise of that power to the Commissioner or a Police employee designated to receive reports of that kind by the Commissioner as soon as practicable after the exercise of the power.

(2)

Any person (other than a constable) who exercises a warrantless entry power, search power, or surveillance power conferred by this Act or by an enactment specified in column 2 of the Schedule must provide a written report on the exercise of that power to an employee designated to receive reports of that kind by the chief executive of the law enforcement agency concerned as soon as is practicable after the exercise of the power.

(3)

A report referred to in subsection (1) or (2) must—

(a)

contain a short summary of the circumstances surrounding the exercise of the power, and the reason or reasons why the power needed to be exercised:

(b)

state whether any evidential material was seized or obtained as a result of the exercise of the power:

(c)

state whether any criminal proceedings have been brought or are being considered as a consequence of the seizure of that evidential material.

(4)

This section does not require the provision of any report in respect of—

(a)

a rub-down search of a person under section 85 or 88 that is undertaken in conjunction with that person’s arrest or detention under any enactment:

(b)

any search of a person in lawful custody carried out under section 11 or under the Corrections Act 2004:

(c)

the exercise of any power of entry that does not also confer a power of search:

(d)

a search undertaken by consent.