South Australian Current Acts South Australian Current Acts (2) Where a
senior police officer believes on reasonable grounds that the establishment of
a road block at a particular place would significantly improve the prospects
of apprehending a person—
(a)
suspected of having committed a major offence; or
(b) who
has escaped from lawful detention,
the officer may authorise the establishment of a road block at that place.
(3) An authorisation
under this section—
(a)
operates for an initial period (not exceeding 12 hours) specified by the
officer granting the authorisation; and
(b) may
be renewed from time to time by a magistrate for a further period (not
exceeding 12 hours).
(4) An authorisation
may be granted under this section orally or in writing but a written record
must be kept of—
(a) the
place at which the establishment of a road block was authorised;
(b) the
period or periods for which the authorisation was granted or renewed;
(c) the
grounds on which the authorisation was granted or renewed.
(5) Where a road block
is authorised under this section, a police officer—
(a) may
establish a road block (consisting of any appropriate form of barrier or
obstruction preventing or limiting the passage of vehicles) at the place to
which the authorisation relates;
(b) may
stop vehicles at or in the vicinity of the road block;
(c) may
require any person in any such vehicle to state his or her full name and
address;
(d) may
search the vehicle for the purpose of ascertaining whether the person for
whose apprehension the road block was established is in or on the vehicle and
give reasonable directions to any person in the vehicle for the purpose of
facilitating the search;
(e) may
take possession of any object found in the course of such a search that the
officer suspects on reasonable grounds to constitute evidence of an offence.
(6) Where a police
officer suspects on reasonable grounds that a name or address as stated in
response to a requirement under subsection (5) is false, he or she may
require the person making the statement to produce evidence of the correctness
of the name or address as stated.
(7) A person
who—
(a)
fails, without reasonable excuse, to stop a vehicle at a road block when
requested or signalled to do so; or
(b)
fails, without reasonable excuse, to comply with a requirement or direction
under subsection (5) or (6); or
(c) in
response to a requirement under subsection (5) or (6)—
(i)
states a name or address that is false; or
(ii)
produces false evidence of his or her name or address,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(8) In proceedings for
an offence against this section, a certificate apparently signed by a
senior police officer stating—
(a) that
an authorisation under this section was given or renewed for a specified
period; and
(b) that
the authorisation authorised the establishment of a road block at a specified
place; and
(c) the
grounds on which the authorisation was given or renewed,
will be accepted, in the absence of proof to the contrary, as proof of the
matters stated in the certificate.
(9) The Commissioner
must, as soon as practicable after each successive period of three months
following the commencement of this section, submit a report to the Minister in
relation to that period stating—
(a) the
number of authorisations granted under this section during that period;
(b) in
relation to each authorisation granted during that period—
(i)
the place at which the establishment of a road block was
authorised;
(ii)
the period or periods for which the authorisation was
granted or renewed;
(iii)
the grounds on which the authorisation was granted or
renewed;
(c) any
other matters the Commissioner considers relevant.
(10) The Minister must
cause copies of a report under subsection (9) to be laid before both
Houses of Parliament within seven sitting days after receipt of the report if
Parliament is in session, or if Parliament is not then in session, within
seven sitting days after the commencement of the next session of Parliament.