Criminal Investigation Act 2006 (WA)

Western Australia Criminal Investigation Act 2006 Western Australia Criminal Investigation Act 2006 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Reasonably suspects, meaning of 1 5. Thing relevant to offence, meaning of 1 5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 1 6. Other written laws, this Act's relationship with 1 7. Common law, this Act's relationship with 1 8A. Authority required for some investigations 1 8. Officer's powers as individual not affected 1 9. Public officers may be authorised to exercise powers 1 10. Informing people who do not understand English 1 11. Officers' duty to identify themselves 1 12. Delegation by officers 1 13. Warrants and orders, applying for 1 Part 2 — Ancillary provisions about exercising powers 14. When powers may be exercised 1 15. Assistance to exercise powers 1 16. Force, use of when exercising powers 1 17. Animals, use of by officers exercising powers 1 18. Roadblocks, use of to stop vehicles 1 19. Stopping vehicles, powers in connection with 1 20. Power to enter includes power to enter some other places 1 21. Forensic examination of thing relevant to offence 1 22. Gender of person, ascertaining 1 23. Consent to search or procedure, presumption against and withdrawal of 1 Part 3 — Citizens' powers 24. Prevention of offences and violence 1 25. Citizen's arrest 1 26. Person in command of vehicle, powers of 1 Part 4 — Miscellaneous official powers and duties Division 1 — Move on orders 26A. Terms used 1 27. Suspects and others may be ordered to move on 1 27A. Directions for purposes of giving move on orders 1 27B. Method of giving move on orders 1 Division 2 — Miscellaneous 28. Persons accompanying officers to be informed of rights 1 Part 5 — Entering and searching places and vehicles Division 1 — General 29. Places with 2 or more occupiers, interpretation 1 30. Entry and search with occupier's consent 1 31. Occupier's rights 1 Division 2 — Powers without a search warrant 32A. Terms used 1 32. Warrant not required to exercise this Division's powers 1 33. Public open area, search powers in 1 34. Public place, entry to keep order in 1 35. Place or vehicle, entry of to prevent violence 1 36. Place or vehicle, entry of to attend to dead or seriously ill or injured person 1 37. Place or vehicle, entry of to investigate serious event 1 38A. Authorisation to enter place or vehicle to prevent or disperse out‑of‑control gathering 1 38B. Entry of place or vehicle to prevent or disperse out‑of‑control gathering 1 38C. Offence not to comply with order relating to out‑of‑control gathering 1 38. Vehicle, searches of to prevent offences, damage etc. 1 39. Vehicle, search of for things relevant to offence 1 40. Place, entry of to establish protected forensic area for serious offence 1 Division 3 — Powers with a search warrant 41. Search warrant, application for 1 42. Search warrant, issue of 1 43. Search warrant, effect of 1 44. Search warrant, ancillary powers under 1 45. Search warrant, execution of 1 Division 4 — Protected forensic areas 46. Protected forensic area, establishment of 1 47. Protected forensic area, powers in relation to 1 48. Protected forensic area, continuance of 1 49. Protected forensic area, review of need for 1 Part 6 — Obtaining business records 50. Terms used 1 51. Application of this Part 1 52. Order to produce, application for 1 53. Order to produce, issue of 1 54. Order to produce, service of 1 55. Order to produce, effect of 1 56. Produced records, powers in respect of 1 Part 7 — Gaining access to data controlled by suspects 57. Terms used 1 58. Data access order, application for 1 59. Data access order, issue of 1 60. Data access order, service of 1 61. Data access order, effect of 1 Part 7A — Use of metal detectors without warrant in designated areas Division 1 — Preliminary 61A. Terms used 1 Division 2 — Declaration of designated areas 61B. Declaration of designated areas 1 Division 3 — Powers in public places within designated areas 61C. Use of metal detectors 1 61D. Requirements if metal detector indicates metal 1 61E. Requirements for use of metal detectors 1 Division 4 — Miscellaneous 61F. Annual report to Minister on this Part 1 61G. Review of Part 1 Part 8 — Searching people Division 1 — Preliminary 62. Terms used 1 63. Basic search, meaning of 1 64. Strip search, meaning of 1 65. Searches, ancillary powers for 1 66. How searches must be done 1 Division 2 — General powers to search people 67. Warrant not required to exercise this Division's powers 1 68. Searching people for things relevant to offences 1 69A. Searching people for things relevant to prohibited behaviour orders 1 69B. Searching people for things relevant to interim control orders or control orders 1 69. People and vehicles in public places, search of for security purposes 1 Division 3 — How searches must be done 70. Basic search or strip search, rules for doing 1 71. Basic search, additional rules for doing 1 72. Strip search, additional rules for doing 1 Part 9 — Forensic procedures on people Division 1 — Preliminary 73. Terms used 1 74. Non‑intimate forensic procedure, meaning of and powers for 1 75. Intimate forensic procedure, meaning of and powers for 1 76. Internal forensic procedure, meaning of and powers for 1 77. Forensic procedures, purpose of 1 78. How forensic procedures must be done 1 Division 2 — Forensic procedures on volunteers 79. Term used: volunteer 1 80. Volunteer for forensic procedure to be informed 1 81. When forensic procedure may be done on volunteer 1 Division 3 — Forensic procedures on deceased people 82. Forensic procedures on deceased people 1 Division 4 — Forensic procedures on victims and witnesses 83. Request to adult to undergo forensic procedure 1 84. Request for protected person to undergo forensic procedure 1 85. Request and giving of information to be recorded 1 86. Forensic procedure, when it may be done 1 87. Consent may be withdrawn 1 88. Officer may apply for FP warrant (involved person) 1 89. FP warrant (involved person), application for 1 90. FP warrant (involved person), issue and effect of 1 Division 5 — Forensic procedures on suspects 91. Request to adult to undergo forensic procedure 1 92. Request for protected person to undergo forensic procedure 1 93. Request and giving of information to be recorded 1 94. Forensic procedure, when it may be done 1 95. Consent may be withdrawn 1 96. Application for approval or FP warrant (suspect) 1 97. Non‑intimate forensic procedure on adult, application for approval to do 1 98. Non‑intimate forensic procedure on adult, senior officer may approve 1 99. FP warrant (suspect), application for 1 100. FP warrant (suspect), issue and effect of 1 Division 6 — How forensic procedures must be done 101. General requirements 1 102. Gender of people doing forensic procedures 1 103. Who may do forensic procedure 1 104. Samples, things etc., how to be taken 1 Division 7 — Dealing with things found during a forensic procedure 105. Things found by chance during forensic procedure 1 106. Things found may be seized and examined 1 Division 8 — Admissibility of certain evidence 107. Evidence of refusal of consent etc. 1 108. Evidence of how procedure was done 1 Part 10 — Provisions about searches and forensic procedures on people 109. Term used: body search 1 110. Body searches and forensic procedures may be repeated 1 111. People not obliged to do searches etc. 1 112. Forensic information, use and destruction of 1 113. Disclosure of photographs obtained under Part 8 or 9 1 114. Legal protection for people carrying out searches etc. 1 Part 11 — Interviewing suspects 115. Terms used 1 116. Interviews, conduct of 1 117. Recorded interview to be made available to suspect 1 118. Admission in serious case inadmissible unless recorded 1 119. Recording admitted as evidence, jury may play 1 120. Recordings of interviews, possession etc. restricted 1 121. Recorded interview, broadcast prohibited 1 122. Recordings, court may give directions as to supply etc. 1 123. Recordings to be retained by police and CCC 1 124. Recordings may be played for teaching purposes 1 Part 12 — Arrest and related matters Division 1 — Preliminary 125. Terms used 1 126. Proceedings by summons etc. not prevented 1 Division 2 — Arrest without an arrest warrant 127. Arrest warrant not required to exercise this Division's powers 1 128. Arrest power for offences 1 Division 3 — Ancillary powers to making an arrest 129. Warrant not required to exercise this Division's powers 1 130. Occupier's rights if place entered 1 131. Powers exercisable on search under this Division 1 132. Places may be entered and vehicles may be stopped 1 133. Places and vehicles of certain arrested suspects may be searched for evidence 1 134. Escapees, additional powers to aid recapture 1 Division 4 — Searches of people in custody for security purposes 135. Certain people in custody may be searched 1 Division 5 — Dealing with arrested people 136. Young Offenders Act 1994 not affected 1 137. Arrested people, rights of 1 138. Arrested suspects, rights of 1 139. Arrested suspects, detention of 1 140. Detention period for arrested suspects 1 141. Reasonable period of detention, factors determining 1 142. Arrested suspects, charging and releasing 1 143. Other arrested people, dealing with 1 Division 6 — Miscellaneous 144. Possession of warrant at time of arrest not necessary 1 Part 13 — Seizing things and related matters 145. Application 1 146. Things relevant to offence, grounds for seizing 1 147. Seizing things, ancillary powers 1 148. Records relevant to offence 1 149. Records, powers to facilitate seizing 1 150. Seized things, list to be supplied on request 1 151. Privileged material, procedure on seizure of 1 152. Criminal and Found Property Disposal Act 2006 applies 1 Part 14 — Miscellaneous Division 1 — Offences 152A. Terms used 1 153. Order by officer, offence to not obey 1 153A. Harm to animals being used in execution of law enforcement duties 1 153B. Harm to law enforcement animals generally 1 153C. General provisions about reasonable excuse for offences under s. 153A or 153B 1 153D. Reasonable excuse includes self‑defence for offences under s. 153A or 153B 1 153E. Compensation order relating to offences under s. 153A or 153B 1 Division 2 — General 154. Evidence obtained improperly 1 155. Inadmissible evidence, court may allow admission 1 156. Regulations 1 157. Review of Act 1 Part 15 — Validation 158. Validation relating to definition of serious offence in s. 128(1) 1 Notes Compilation table 1 Editorial changes table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Criminal Investigation Act 2006 An Act to provide powers for the investigation and prevention of offences and for related matters.