Western Australian Current Acts

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CRIMINAL INVESTIGATION ACT 2006 - SECT 26

26 .         Person in command of vehicle, powers of

        (1)         In this section —

        endangering offence on a vehicle, means an offence that, if committed on board the vehicle, may endanger the safety of any person on board the vehicle.

        (2)         If the person in charge of a vehicle reasonably suspects that a person who is on or about to board the vehicle (the passenger ) is carrying a thing that may be used to commit an endangering offence on the vehicle or to damage the vehicle, the person in charge —

            (a)         may ask the passenger to consent to a frisk search by or on behalf of the person in charge; and

            (b)         if the passenger refuses to consent, may —

                  (i)         if the passenger is on board, remove him or her from the vehicle or, if it is not safe to do so, restrain or confine him or her until it is safe to do so; or

                  (ii)         if the passenger is about to board, prevent him or her from boarding.

        (3)         If on a request made under subsection (2)(a) a passenger consents to a frisk search —

            (a)         the person doing the search may seize any thing the person reasonably suspects may be used to commit an endangering offence on the vehicle or to damage the vehicle; and

            (b)         if any such thing is seized, it must be kept in safe custody and returned to the passenger when he or she leaves the vehicle or given to a police officer.

        (4)         If it is reasonably necessary to do so in order —

            (a)         to prevent danger to the safety of a vehicle or of any person on board it; or

            (b)         to prevent an offence being committed on board a vehicle,

                the person in charge of the vehicle may remove a person who is on board from the vehicle or, if it is not safe to do so, restrain or confine him or her until it is safe to do so.

        (5)         If the person in charge of a vehicle reasonably suspects that a person on board (the suspect ) has committed or is committing an offence on board, he or she may —

            (a)         arrest the suspect; and

            (b)         detain the suspect until he or she can be taken to a police officer.

        (6)         Without limiting section 15, the person in charge of a vehicle may authorise another person to exercise any of the powers that the person in charge has under this section.

        (7)         If under subsection (5)(a) the suspect is arrested, section 25(5), (6) and (7) apply.



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