Western Australian Current Acts

CRIMINAL INVESTIGATION ACT 2006 - SECT 18

18 .         Roadblocks, use of to stop vehicles

        (1)         In this section —

        road has the meaning given to that term by the Road Traffic (Administration) Act 2008 section 4;

        vehicle has the meaning given to that term by the Road Traffic (Administration) Act 2008 section 4.

        (2)         If a senior police officer reasonably suspects —

            (a)         that it is necessary to exercise a power in another section of this Act to stop a vehicle; and

            (b)         that the vehicle is on a road; and

            (c)         that a roadblock is necessary to facilitate the exercise of that power,

                the officer —

            (d)         may set up a roadblock on the road for the purpose of stopping the vehicle; or

            (e)         may authorise another police officer to set up a roadblock on the road for the purpose of stopping any vehicle specified in the authorisation.

        (3)         A senior police officer’s authorisation under subsection (2)(e) —

            (a)         may be applied for and given by remote communication; and

            (b)         must specify the power referred to in subsection (2)(a) in relation to which the roadblock is necessary and why it is necessary to exercise it; and

            (c)         must specify whether the authorisation relates to all vehicles or to a specified class of vehicles; and

            (d)         has effect for 6 hours, or any lesser period specified by the officer, after it is given, but may be renewed.

        (4)         A senior police officer who under subsection (2) gives an authorisation must make a written record of it, the date and time it was given, and the reasons for giving it.

        (5)         If a police officer who is not a senior police officer reasonably suspects —

            (a)         the matters in subsection (2)(a), (b) and (c); and

            (b)         that the seriousness and urgency of the circumstances warrant doing so without a senior police officer’s authorisation,

                the police officer may set up a roadblock on the road for no more than 3 hours for the purpose of stopping the vehicle.

        (6)         A police officer who acts under subsection (5) must notify a senior police officer as soon as practicable after doing so and request the officer’s authorisation for any further use of a roadblock.

        (7)         Subject to the terms of any authorisation given under subsection (2), a police officer who under this section sets up a roadblock may stop vehicles at the roadblock.

        [Section 18 amended: No. 8 of 2012 s. 77.]