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In forceAmended2020 Revised Edition
Contents

Part 6 · Arrest and Bail and Processes to Compel Appearance

78. Search of person arrested and his or her premises

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Amended

Last amended by an amending law of 2024.

(1)

Whenever —

(a)

a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or

(b)

a person is arrested without warrant by a police officer or a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail,the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person hands over the person arrested, may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him or her.

(1A)

Whenever a person is arrested by a police officer or an arrested person is handed over to a police officer under section 66, the police officer may search the person arrested and place in safe custody any article that the person arrested may potentially use to cause harm to himself or herself or to any other person.

(2)

A police officer investigating an arrestable offence under Part 4 may —

(a)

enter any place belonging to or under the control of any person who —

(i)

is under arrest in connection with the offence;

(ii)

is reasonably believed to be connected with the offence; or

(iii)

is reasonably believed to have given shelter to the person under arrest; and

(b)

search the place for any evidence of the offence.

Report

Part 7

The Charge

Part 7A

Deferred Prosecution Agreements

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

Part 9

Pre-Trial Procedures in the State Courts

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules