❓ A parliamentary question addresses the legality of police vehicle searches based on numberplate recognition and prior convictions. The response clarifies that searches based solely on prior convictions are not permitted, but are allowed under the Criminal Investigation Act 2006 if reasonable suspicion exists.
AnsweredQoN 578Legislative Council
QuestionView source ↗
POLICE — MOTOR VEHICLE SEARCHES
I refer to the practice of the police using numberplate recognition technology and the use of information of prior convictions acquired through this technology to conduct a search of a driver’s motor vehicle. (1) On what basis are police authorised to do this? (2) Which laws permit this to occur? (3) Does the minister support police engaging in this practice? Hon ROBYN McSWEENEY
I refer to the practice of the police using numberplate recognition technology and the use of information of prior convictions acquired through this technology to conduct a search of a driver’s motor vehicle. (1) On what basis are police authorised to do this? (2) Which laws permit this to occur? (3) Does the minister support police engaging in this practice? Hon ROBYN McSWEENEY
AnswerView source ↗
I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(1) On what basis are police authorised to do this? (2) Which laws permit this to occur? (3) Does the minister support police engaging in this practice? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(2) Which laws permit this to occur? (3) Does the minister support police engaging in this practice? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(3) Does the minister support police engaging in this practice? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(3) Not applicable.
(1) On what basis are police authorised to do this? (2) Which laws permit this to occur? (3) Does the minister support police engaging in this practice? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(2) Which laws permit this to occur? (3) Does the minister support police engaging in this practice? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(3) Does the minister support police engaging in this practice? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
I thank the honourable member for some notice of this question. On behalf of the minister representing the Minister for Police, I provide the following response — (1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(1) At no time do police search vehicles or people unless there are grounds to do so. (2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(2) As previously stated, a search based on previous convictions is not permitted. However, according to section 39 of the Criminal Investigation Act 2006, if police reasonably suspect that the vehicle is carrying a thing relevant to an offence, the officer may stop, enter and search the vehicle. (3) Not applicable.
(3) Not applicable.
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