Section 42Part 4 — Powers, Duties and Privileges of Police Officers
Provisions relating to search under section 41 and other powers
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42. (1) A police officer who detains a person or vehicle in the exercise —
of the power conferred by section 41; or
of any other power —
to search a person without first arresting that person; or is not required to conduct a search if it appears to that police officer subsequently that no search is required or that a search is impracticable. Police Act (2021 Revision) Section 42 c Revised as at 31st December, 2020 Page 39
to search a vehicle without making an arrest,
If a police officer contemplates a search, other than a search of an unattended vehicle, in the exercise — that that person is a police officer, and specified in subsection (3); and the police officer shall not commence the search until the police officer has performed that duty.
of the power conferred by section 41; or
of any other power —
to search a person without first arresting that person; or it shall be the police officer’s duty, subject to subsection (4), to take reasonable steps before the police officer commences the search to bring to the attention of the relevant person —
to search a vehicle without making an arrest,
if the police officer is not in uniform, documentary evidence
whether the police officer is in uniform or not, the matters
The matters referred to in subsection (2)(B) are —
the police officer’s name;
the object of the proposed search;
the police officer’s grounds for proposing to make it; and
the effect of section 43(7) or (8), as may be appropriate.
A police officer is not required to bring the effect of section 43(7) or (8) to the attention of the relevant person if it appears to the police officer that it will not be practicable to make the record in section 43(1).
In this section "the relevant person" means —
if the police officer proposes to search a person, that person; and
if the police officer proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.
Where a police officer has reasonable suspicion to search a vehicle that is unattended, the police officer may break and enter that vehicle.
On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in subsections (2) and (6), a police officer shall leave a notice —
stating that the police officer has searched it;
giving the name of the police station to which that police officer is attached; and
stating the effect of section 43(8). Section 43 Police Act (2021 Revision) Page 40 Revised as at 31st December, 2020 c
The police officer shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.
The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.
Neither the power conferred by section 41 nor any other power to detain and search a person without first arresting that person or to detain and search a vehicle without making an arrest is to be construed as authorising a constable to require a person to remove any of that person’s clothing in public other than an outer coat, jacket or gloves.
This section and section 41 apply to vessels, aircraft and hovercraft as they apply to vehicles.
Cross References
- Section 41 of Police Act
search powers