Clause 31

A civilian specialist officer may investigate any suspected offence which appears to him or her to have been committed under any written law.

For the purposes of subsection (1), a civilian specialist officer —

has all the powers of investigation conferred on police officers —

in relation to the investigation of offences under the Criminal Procedure Code 2010; or

under any other written law that the Minister may, by notification in the Gazette, prescribe,and is deemed to be a police officer not below the rank of inspector for the purposes of those provisions;

may without warrant, arrest any person —

who has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;

who possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it; or

who obstructs a civilian specialist officer while that civilian specialist officer is doing his or her duty, or has escaped or tries to escape from the lawful custody of a civilian specialist officer or any other person;

when exercising the powers of investigation under the Criminal Procedure Code 2010 in relation to an arrestable offence by virtue of paragraph (a), may —

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

is under arrest in connection with the offence;

is reasonably believed to be connected with the offence; or

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

search the place for any evidence of the offence;

may, when lawfully making a search for anything in any place in respect of any offence —

lawfully detain every person found there until the search is completed; and

search each person found in the place for any thing sought that can be concealed on a person;

may, whenever a person is arrested in the following circumstances, search the person and place in safe custody all articles other than necessary wearing apparel found upon the person:

the person is arrested by a civilian specialist officer under a warrant which does not provide for the taking of bail;

the person is arrested by a civilian specialist officer under a warrant which provides for the taking of bail but the person cannot furnish bail;

the person is arrested without warrant by a civilian specialist officer and the person cannot legally be admitted to bail or is unable to furnish bail;

may, where the civilian specialist officer has reason to believe that a person whom the civilian specialist officer may lawfully arrest is inside any place —

demand entry to the place;

enter and search the place if —

entry to the place cannot be gained under sub‑paragraph (i); or

an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping; and

break open any outer or inner door or window of the place or use any other reasonable means to gain such entry, if the civilian specialist officer is unable to obtain entry to the place despite stating his or her authority and purpose and demanding entry to the place;

may break open a place to free himself or herself or any other person who (having lawfully gone inside to make an arrest) is detained in the place;

may release any person on bail or personal bond in accordance with Division 5 of Part 6 of the Criminal Procedure Code 2010;

may serve on any person (whom the civilian specialist officer has reasonable grounds for believing has committed an offence) a notice to attend court, or require any person to execute a bond to appear before a court, in accordance with Division 6 of Part 6 of the Criminal Procedure Code 2010; and

may require a person (whom the civilian specialist officer has reasonable grounds for believing has committed an offence) to surrender the person’s travel document in accordance with Division 7 of Part 6 of the Criminal Procedure Code 2010.

A civilian specialist officer —

when making an arrest under subsection (2)(b), must comply with sections 67, 68, 73, 74, 75 and 76 of the Criminal Procedure Code 2010; and

when searching a woman, must comply with section 83(1) of the Criminal Procedure Code 2010,as if the civilian specialist officer were a police officer.

If a civilian specialist officer has reason to believe that a person whom the civilian specialist officer may lawfully arrest is inside any place and demands entry to that place, any person residing in or in charge of the place must allow the civilian specialist officer free entry and provide all reasonable facilities for a search in the place.

A person arrested by a civilian specialist officer must not be released except on the person’s own bond or on bail, or by a written order of a court or of any civilian specialist officer.

The provisions of Divisions 5, 6 and 7 of Part 6 of the Criminal Procedure Code 2010 apply in relation to the exercise of the powers of a civilian specialist officer under subsection (2)(h), (i) or (j) and, for that purpose, any reference in those provisions to an officer, a police officer or a police officer not below the rank of sergeant is a reference to a civilian specialist officer.

For the purposes of subsection (1), section 25 applies to a civilian specialist officer as if he or she were a police officer.

The Commissioner may confer on one or more civilian specialist officers as the Commissioner may determine the powers of an Assistant Superintendent of Police under any written law that the Minister may, by notification in the Gazette, prescribe.

Apart from this section and sections 25 and 65C, this Act does not apply to a civilian specialist officer.”.