(1) Subject to this
section, if there are reasonable grounds to suspect that any thing whatsoever
—
(a) with
respect to which an offence has been, or is suspected to have been, or may be
committed; or
(b)
which has been, or is suspected to have been, or may be used for the purpose
of committing an offence; or
(c)
which may provide evidence in respect of an offence,
is in the possession
of a person, a police officer may, using such force as is reasonably necessary
and with such assistance as the officer considers necessary, stop and detain
the person and search the person together with any baggage, package, vehicle
or other thing of any kind whatsoever found in the person’s possession,
and for that purpose may stop and detain any vehicle.
(1A) In relation to a
search of a person under subsection (1) conducted by a police officer
exercising the powers conferred by section 20T or 20U —
(a)
subsections (2), (3) and (4) do not apply; and
(b) the
Criminal Investigation Act 2006 sections 70(2) and (3) and 71(2) apply as if
the police officer were authorised under that Act to conduct a basic search of
the person.
(1B) Nothing in
subsection (1A)(b) limits the operation of the Criminal Investigation Act 2006
Part 8 Division 3.
(2) A person must not
be searched under subsection (1) except by —
(a) a
person of the same sex as the firstmentioned person; or
(b) a
medical practitioner.
(3) A police officer
who wishes to search a person under subsection (1) may, if it is not then and
there practicable to comply with subsection (2) in relation to the person
—
(a)
detain the person until; or
(b)
detain the person and convey him to a place where,
it is practicable for
subsection (2) to be complied with in relation to the person.
(4) A person must not
be detained, or detained and conveyed, under subsection (3) for longer than is
reasonably necessary under the circumstances for the purpose of complying with
subsection (2) in relation to the person.
[Section 23 amended: No. 16 of 2023 s. 7.]