Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p18
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 41963–44520

that thing is necessary to protect life or to prevent serious injury to another person (including the constable); and

        (ii) the person has, if practicable, been called on to surrender and the constable believes on reasonable grounds that the person cannot be apprehended in any other manner.

Persons to be informed of grounds of arrest

"3ZD.(1) A person who arrests another person for an offence must inform the other person, at the time of the arrest, of the offence for which the other person is being arrested.

"(2) It is sufficient if the other person is informed of the substance of the offence, and it is not necessary that this be done in language of a precise or technical nature.

  "(3) Subsection (1) does not apply to the arrest of the other person if:

     (a) the other person should, in the circumstances, know the substance of the offence for which he or she is being arrested; or

     (b) the other person's actions make it impracticable for the person making the arrest to inform the other person of the offence for which he or she is being arrested.

Power to conduct a frisk search of an arrested person

"3ZE. A constable who arrests a person for an offence, or who is present at such an arrest, may, if the constable suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items:

    (a) conduct a frisk search of the person at or soon after the time of arrest; and

  (b) seize any seizable items found as a result of the search.

Power to conduct an ordinary search of an arrested person

"3ZF. A constable who arrests a person for an offence, or who is present at such an arrest, may, if the constable suspects on reasonable grounds that the person is carrying:

  (a) evidential material in relation to that or another offence; or

  (b) a seizable item;

conduct an ordinary search of the person at or soon after the time of arrest, and seize any such thing found as a result of the search.

Power to conduct search of arrested person's premises

"3ZG. A constable who arrests a person at premises for an offence, or who is present at such an arrest, may seize things in plain view at those premises that the constable believes on reasonable grounds to be:

  (a) evidential material in relation to that or another offence; or

  (b) seizable items.

Power to conduct an ordinary search or a strip search

"3ZH.(1) If a person who has been arrested for an offence is brought to a police station, a constable may:

    (a) if an ordinary search of