Caution and Rights & Search Powers

Caution

A verbal warning given to a suspect informing them of their right to remain silent when questioned about an offence.

In custody

Defined in Section 464(1) as being under lawful arrest or being questioned by investigating officials.

Section 464A Crimes Act

Requires that officers inform the person of the circumstances of an offence and involve them in an investigation regarding their involvement.

Obligation to answer questions

No person is obliged to answer questions from a police officer or PSO unless legally required to do so.

Caution and Rights

Required to inform a person in custody of their caution and rights.

Standard Indigenous Question (SIQ)

A question mandated by Section 464 of the Crimes Act to be asked of every person taken into custody.

Authority to search

Statute Law, Common Law, Consensual Search

Statutory Powers to Search

Specific powers allowing PSOs to search individuals before an arrest.

Common Law Powers to Search

The power to search someone after they are arrested, and to take items without their consent

Reasonable grounds

Must be present before conducting a search, meaning the officer must have real facts or information to support their suspicion.

Only form of Search Powers for PSOs

Pat down or initial search

Pat down search

An initial search where a person is asked to empty their pockets and submit to an external pat-down.

Consensual search

A condition under which a person may permit a PSO to carry out a pat-down search, requiring a signed authority.

Gender consideration in searches

Searches should be conducted by a member of the same gender as the person being searched.

Victorian Aboriginal Legal Service (VALS)

A service that must be notified when an Aboriginal person is taken into custody.

Section 139

PSOs must give a caution to a suspect before asking any questions about an offence.