Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p20
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 20/27)
Character Range: 49534–52110

has, if practicable, been called on to surrender and the police officer believes on reasonable grounds that the person cannot be arrested in any other manner.

38U Persons to be informed of grounds of arrest

(1) When arresting a person, the police officer must inform the person of the reason for the arrest.

      (2) It is sufficient if the person is informed of the substance of the reason, 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 person if:

(a) the person should, in the circumstances, know the reason for the arrest; or

         (b) the person's actions make it impracticable for the police officer to inform the person of the reason for the arrest.

38V Power to search an arrested person

(1) The police officer arresting the person, or any police officer who is present at the arrest, may:

         (a) if he or she believes on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items—conduct a frisk search of the person at, or soon after, the time of arrest; or

         (b) if he or she suspects on reasonable grounds that the person is carrying any seizable items—conduct an ordinary search of the person at, or soon after, the time of the arrest.

(2) The police officer may seize any seizable items found as a result of the search.

Division 5—General

38W Conduct of ordinary searches and frisk searches

      (1) An ordinary search or a frisk search of a person under this Part must, if practicable, be conducted by a person of the same sex as that of the person being searched.

      (2) An officer assisting who is not a police officer must not take part in an ordinary search or a frisk search of a person under this Part.

38X Announcement before entry

(1) A police officer must, before any person enters premises under a warrant or to arrest a person:

(a) announce that he or she is authorised to enter the premises; and

(b) give any person at the premises an opportunity to allow entry to the premises.

      (2) A police officer is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:

(a) the safety of a person (including the police officer); or

(b) that the effective execution of the warrant or the arrest is not frustrated.

38Y Offence for making false statements in warrants

      A person must not make, in an application for a warrant, a statement that the person knows