Crimes Act 1914

Part IAAB - Monitoring of compliance with Part 5.3 supervisory orders etc.  

Division 3 - Powers of constables in relation to persons subject to Part 5.3 supervisory orders  

SECTION 3ZZLD   Availability of assistance and use of force in executing a warrant  

Scope

(1)    
This section applies if:

(a) a constable conducts a search of a person, or of a recently used conveyance, under section 3ZZLA ; and

(b) the search is authorised by a monitoring warrant.

Availability of assistance and use of force

(2)    
In:

(a) executing the warrant; or

(b) exercising the powers set out in section 3ZZLC in relation to the person or conveyance;

the constable may use such force against persons and things as is necessary and reasonable in the circumstances.

(3)    
In executing the warrant, the constable may obtain such assistance as is necessary and reasonable in the circumstances.

(4)    
If a person (other than a constable) has been authorised by the constable to assist in executing the warrant, the person may:

(a) exercise the monitoring powers in relation to the person mentioned in paragraph (1)(a); and

(b) in exercising the monitoring powers, use such force against things as is necessary and reasonable in the circumstances.

(5)    
If a person (other than a constable) has been authorised by the constable to assist in executing the warrant, the person must not exercise a power set out in section 3ZZLC .

(6)    
A power exercised by a person assisting the constable as mentioned in subsection (4) is taken to have been exercised by the constable.