Stop and Search
The police may stop and search anyone whom they reasonably suspect has something stolen or otherwise unlawfully obtained or anything used in an indictable offence. A reasonable suspicion involves less than a belief but more than a possibility. The police can search a suspect immediately after they have been arrested and can seize any property which they find on them.
Where a person is the driver of a motor vehicle police can ask for that persons name and address and where they suspect that motor vehicle was or may have been used in the commission of an indictable offence they can ask the owner, the driver or the passenger to supply details of the driver and passengers present in the vehicle at the relevant time.
Investigation Period
A person under arrest can be detained by police for the investigation period i.e. for no more than a reasonable time and no more than 4 hours or such longer period as extended by investigation. The period can be extended by a further period of 8 hours by a Magistrate or Clerk of the Local Court.
The investigation period of 4 hours is subject to specific time out periods and can be extended by the police by means of a detention warrant. Time out is a period in which the clock does not run in determining the maximum investigation period.
Suspect's Rights
The custody manager at the police station is required to caution the suspect and summarise the provisions about detention. The custody manager is required to inform the suspect before any investigative procedure starts that the suspect can contact a friend, relative or lawyer to inform them of his/her whereabouts, consult them or in the case of a lawyer be present during the investigative procedures. The custody manager is required to provide facilities for the suspect to communicate with a friend, relative or lawyer.
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