New powers and safeguards created
Part 4 of the Act describes the power of police to undertake different categories of searches without a warrant. Specifically, division 4 contains provisions which permits personal searches. This includes searches generally and strip searches. Sections 33 and 34 contain rules in relation to ensuring the privacy and appropriateness of strip searches, including a provision that specifies that children under 10 must not be strip searched.
Section 99 of the Act expands the scope of the previous common law power of police to arrest. This is primarily due to the broadness of the list of "reasons" which constitute the need for arrest (section 99, sub-section (1)(b)), as well as the lack of a provision which governs circumstances in which an officer "must not arrest" an individual.
Part 7 of the Act codifies crime scene powers not previously enshrined in legislature. It outlines the circumstances where police are able to set up a crime scene as well as the power to prevent individuals from entering, tampering with or recording crime scenes.
Part 15 of the Act contains restrictions on the exercise of police powers. Section 202 outlines how police must give their details as well as any warnings to an individual "as soon as it is reasonably practicable to do so" when exercising a power, or beforehand when specifically giving directions or requesting an individual carry out a particular task. Section 203, sub-section (1) specifies that police must also warn an individual when the law specifies that they must "comply with a direction, requirement or request".
