Part 10 Apprehension of offenders, search warrants and discharge of persons in custody
352 Person in act of committing or having committed offence
(1) Any constable or other person may without warrant apprehend,(a) any person in the act of committing, or immediately after having committed, an offence punishable, whether by indictment, or on summary conviction, under any Act,(b) any person who has committed a felony for which he has not been tried,and take him, and any property found upon him, before a Justice to be dealt with according to law.(2) Any constable may without warrant apprehend,(a) any person whom he, with reasonable cause, suspects of having committed any such offence or crime,(b) any person lying, or loitering, in any highway, yard, or other place during the night, whom he, with reasonable cause, suspects of being about to commit any felony,and take him, and any property found upon him, before a Justice to be dealt with according to law.(3) Any constable may, although the warrant is not at the time in his possession, apprehend any person for whose apprehension for a misdemeanour, or an offence punishable as a misdemeanour, a warrant has been issued, and take him, and any property found upon him, before a Justice to be dealt with according to law.(4) Any constable may, although the warrant is not at the time in his possession, apprehend any person for whose apprehension on any ground other than a charge of felony or misdemeanour or offence punishable as a misdemeanour a warrant has been lawfully issued, provided the issue of such warrant has been certified by telegraph by the Commissioner of Police or by the Justice who has signed such warrant.
353 Persons offering stolen property
Every person to whom any property is offered to be sold, or pawned, or delivered, and who has reasonable cause to suspect that an offence has been committed with respect to such property, may, and if in his power is required, to apprehend and forthwith take before a Justice the person offering the same, together with such property, to be dealt with according to law.
353A Power to search person, make medical examination, take photograph, finger-prints etc
(1) Where a person is in lawful custody upon a charge of committing any crime or offence, any constable may search his person and take from him anything found upon his person.(2) When a person is in lawful custody upon a charge of committing any crime or offence which is of such a nature and is alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the crime or offence, any legally qualified medical practitioner acting at the request of any officer of police of or above the rank of sergeant, and any person acting in good faith in his aid and under his direction, may make such an examination of the person so in custody as is reasonable in order to ascertain the facts which may afford such evidence.(3) When a person is in lawful custody for any offence punishable on indictment or summary conviction, the officer in charge of police at the station where he is so in custody may take or cause to be taken all such particulars as may be deemed necessary for the identification of such person, including his photograph and finger-prints and palm-prints.
353B Person apprehended carrying razor etc
Where a person is in lawful custody upon a charge of committing any crime or offence and is found to have been carrying at the time or immediately before he was apprehended any razor, razor blade or other cutting weapon, he shall, unless the justice before whom he is brought is satisfied that he was carrying the same for a lawful purposes the proof of which shall lie upon the accused, be liable to imprisonment for a term not exceeding six months, or to a fine of $500, or both.
353C Arrest by commander of aircraft
(1) The person in command of an aircraft may, on board the aircraft, with such assistance as is necessary, arrest without warrant a person whom he finds committing or reasonably suspects of having committed, or of having attempted to commit, an offence on or in relation to, or affecting the use of, an aircraft and that person in command or a person authorised by him for the purpose may hold the person so arrested in custody until he can be brought before a Justice or other proper authority to be dealt with according to law.(2) The person in command of an aircraft may, where he considers it necessary so to do in order to prevent an offence on or in relation to, or affecting the use of, the aircraft or to avoid danger to the safety of the aircraft or of persons on board the aircraft, with such assistance as he thinks necessary:(a) place a person who is on board the aircraft under restraint or in custody, or(b) if the aircraft is not in the course of a flight, remove a person from the aircraft.
354 Search warrant for property where indictable offence in respect thereof committed etc
(1) Upon a complaint made on oath that there is reasonable ground to believe that there is in or on any premises:(a) anything upon or in respect of which any indictable offence has been or is suspected to have been committed,(b) anything that there is reasonable ground to believe will afford evidence with respect to the commission of any indictable offence, or(c) anything which there is reasonable ground to believe is intended to be used for the purpose of committing any indictable offence,a justice may, by warrant, authorise and require any member of the police force to enter and search the premises.(2) A warrant issued under subsection (1) shall be executed by day, unless the justice, by the warrant, authorises its execution by night.(3) For the purpose of executing a warrant issued under subsection (1) a member of the police force may use force, whether by breaking open doors or otherwise, for the purpose of entering the premises.(4) A member of the police force may execute a warrant issued under subsection (1) with the aid of such assistants as he deems necessary.(5) A member of the police force executing a warrant issued under subsection (1) may:(a) seize or dispose of in a safe place, or guard in or on the premises, anything mentioned in the warrant and, in addition, any other thing that on reasonable grounds he believes has been obtained by, or has been used in, the commission of an offence, until any charge in relation thereto is dealt with, and(b) arrest, search and bring before a justice any person found in the premises whom he suspects of having committed an offence in respect of anything so seized.(6) After it has been produced in evidence, or when it is not required as evidence, anything seized, disposed of in a safe place, or guarded in or on the premises, under subsection (5) (a) shall be disposed of as the Court or any stipendiary magistrate shall direct.(7) Any person who without lawful excuse hinders or obstructs any person executing a warrant issued under subsection (1) shall be guilty of an offence and liable to imprisonment for two years or to a fine of $2,000, or both.(8) For the purposes of this section:indictable offence includes any act or omission which if done, or omitted to be done, in New South Wales would constitute an offence punishable on indictment.
premises includes any structure, building, aircraft, vehicle, vessel, or place (whether built upon or not), and any part thereof.
355 Search warrant for explosive substances etc
Where any credible person, on oath before a Justice, shows reasonable cause to suspect that a person named, or described, has unlawfully in his possession, or on his premises, any of the things following, that is to say:(a) any machine, or implement, or gunpowder, or other explosive, dangerous or noxious substance or thing, suspected to be made, or kept, for the purpose of committing felony,(b) any frame, mould, implement, or material, the making, or knowingly having of which without lawful authority or excuse, is by this Act made punishable,(c) any forged security, or instrument, or stamp, machinery, frame, mould, or other thing, used or intended to be used in the forging of any instrument or stamp,(d) any counterfeit coin, or instrument, tool, or engine, intended for counterfeiting coin,such Justice may grant a warrant to search for the same.
356 Proceedings on finding explosive substances etc under warrant
(1) Every warrant, granted under section 355, shall authorise the searching for the property, or things, mentioned in those sections, and in the warrant issued in pursuance thereof.The person finding any such property or thing, under any such warrant shall carry the same before a Justice, who shall, if necessary, cause the same to be secured for the purposes of evidence.
After it has been produced in evidence, or when it is not required as evidence, such property or thing shall be disposed of as the Court or any two Justices shall direct.
(2) No such warrant, whether any property or thing be so found or not, shall authorise the apprehension of any person.
357 Searching for stolen cattle
(1) Upon a complaint made on oath that the complainant has reason to suspect, and believes, that an animal stolen or otherwise unlawfully obtained is concealed or lodged in or on any specified premises, a justice may, by warrant, authorise and require any member of the police force to enter and search the premises.(2) A member of the police force may without a warrant:(a) require the person in charge of a vehicle to cause the vehicle to stop or remain stationary and afford him access to the vehicle, and may enter and search the vehicle, or(b) enter and search a vehicle,for the purpose of searching for any animal that has been stolen or otherwise unlawfully obtained, or that is reasonably suspected of having been stolen or otherwise unlawfully obtained.(3) For the purpose of executing a warrant issued under subsection (1) a member of the police force may use force, whether by breaking open doors or otherwise, for the purpose of entering the premises.(4) A member of the police force may execute a warrant issued under subsection (1) with the aid of such assistants as he deems necessary.(5) A member of the police force may:(a) seize or dispose of in a safe place, or guard in or on the premises or in the vehicle, any animal found pursuant to a search under subsection (1) or (2) that is reasonably suspected of having been stolen or otherwise unlawfully obtained, until any charge in relation to the animal is dealt with, and(b) arrest, search and bring before a justice any person found in premises, or in charge of or in any vehicle, whom he suspects of having committed an offence in respect of any animal.(6) After it has been produced in evidence, or when it is not required as evidence, anything seized, disposed of in a safe place, or guarded in or on premises or in a vehicle, under subsection (5) (a) shall be disposed of as the Court or any stipendiary magistrate shall direct.(7) Any person who without lawful excuse:(a) hinders or obstructs any person executing a warrant issued under subsection (1), or a member of the police force searching a vehicle under subsection (2),(b) fails or neglects to cause a vehicle to stop or remain stationary when required to do so by a member of the police force acting under subsection (2), or(c) fails to afford access to a vehicle to a member of the police force acting under subsection (2),shall be guilty of an offence and liable to imprisonment for two years or to a fine of $2,000, or both.(8) Nothing in subsection (1) shall prevent a member of the police force who finds on any premises any animal reasonably suspected of having been stolen or unlawfully obtained, from seizing or retaining the animal without a warrant.(9) For the purposes of this section:animal means a bull, steer, cow, heifer, calf, horse, mare, gelding, colt, foal, filly, ram, ewe, sheep, lamb or pig, and includes any part, skin or carcass of any such animal.
premises includes any structure, building, or place (whether built upon or not), and any part thereof.
vehicle includes a vessel.
(1) Where any person reasonably suspects that an offence involving the safety of an aircraft has been, is being or may be committed on board or in relation to an aircraft and:(a) he is the commander of the aircraft, or(b) a Justice, on the basis of that suspicion, authorises him in writing so to do,he may, subject to subsection (2), search the aircraft, any person on board, or about to board, the aircraft and any luggage or freight on board, or about to be placed on board, the aircraft.(2) A female shall not be searched pursuant to subsection (1) except by a female.
Discharge of persons in custody
358 When case not to be proceeded with gaoler to discharge prisoner on certificate from Attorney-General
(1) The Attorney-General may, in respect of any person under committal for trial, and in all cases in which any person is remanded to prison, and in which he may in his discretion think fit not further to proceed, transmit at any time a certificate to the Judges of the Supreme Court, any one of whom may thereupon by warrant direct the gaoler in whose custody the prisoner, or person under remand, may be to discharge him from custody in respect of the offence mentioned in such warrant, and, if such gaoler neglects so to do, he shall be liable to a fine of one hundred dollars, to be recovered in the name of the Attorney-General in any court of competent jurisdiction as a debt or liquidated demand.(2) In the case of a person under committal for trial, the certificate shall be in the Form No 1 in the Third Schedule, and the warrant in the Form No 2 in the said Schedule.(3) In the case of a person under remand, the certificate shall be in Form No 3, and the warrant in Form No 4 in the said Schedule.