Section 317B — Crimes Act 1961: Road blocks

317B Road blocks (1) Where any senior member of the Police (holding a level of position not lower than sergeant) has reasonable grounds to suspect that there is in or on any vehicle any person who— (a) Has committed an offence punishable by a term of imprisonment of 7 years or more; or (b) Is unlawfully at large,— that senior member of the Police may authorise the establishment of a road block for the purpose of arresting that person if he or she— (c) Has reasonable grounds to suspect that the vehicle may travel past the place where it is proposed that the road block be established; and (d) Is satisfied that as far as is reasonably practicable the safety of all road users will be ensured in the area in which the road block is established. (2) An authorisation under this section— (a) Shall operate for an initial period not exceeding 24 hours, specified by the person giving the authorisation: (b) May be renewed from time to time by a District Court Judge for such further period not exceeding 24 hours as the Judge may specify in writing. (3) An authorisation may be granted under this section orally or in writing, but in every case the person giving the authorisation shall keep or cause to be kept a written record of the following matters: (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. (4) Subject to subsection (5) of this section, where a road block is authorised under this section, any member of the Police may do all or any of the following: (a) Establish a road block at the place or places specified in the authorisation: (b) Stop vehicles at or in the vicinity of the road block: (c) Require any person in or on any such vehicle to state his or her name, address, and date of birth, or such of those particulars as the member of the Police may specify: (d) Search the vehicle for the purpose of locating a person referred to in paragraph (a) or paragraph (b) of subsection (1) of this section, if the member or any other member of the Police believes on reasonable grounds that the person is in or on the vehicle: (e) Use reasonable force to enter a vehicle for the purpose of locating a person referred to in paragraph (a) or paragraph (b) of subsection (1) of this section, if the member or any other member of the Police believes on reasonable grounds that such a person is in the vehicle: (f) Require that the vehicle remain stopped for as long as is reasonably necessary to enable a member of the Police to exercise any powers conferred by this subsection, regardless of whether such powers are exercised in respect of— (i) The vehicle; or (ii) The occupants of the vehicle. (5) Every member of the Police exercising the power conferred by any of paragraphs (b) to (f) of subsection (4) of this section shall identify himself or herself to the driver of the vehicle, tell the driver that the power is being exercised under this section, and, if not in uniform and if so required, produce evidence that he or she is a member of the Police. (6) [Repealed] (7) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,— (a) Fails to stop, as soon as is practicable, when required to do so by a member of the Police exercising the power conferred by subsection (4)(b) of this section; or (b) Fails to comply with a requirement made by a member of the Police under paragraph (c) or paragraph (f) of subsection (4) of this section. (7A) Any member of the Police may arrest without warrant any person whom the member of the Police has good cause to suspect has committed an offence against subsection (7) . (8) For the purposes of this section, road block means any form of barrier or obstruction preventing or limiting the passage of vehicles. (9) For the purposes of this section, a person is not unlawfully at large by reason only of the fact that a warrant for the arrest of that person is for the time being in force. Sections 317A and 317B were inserted, as from 1 September 1993, by section 3 Crimes Amendment Act (No 2) 1993 (1993 No 46). Section 317B(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72). Subsection (4) was amended, as from 1 January 1998, by section 23(1) Crimes Amendment Act (No 2) 1997 (1997 No 93) by substituting the words “ subsection (5) ” for the words “ subsections (5) and (6) ” . Subsection (4)(c) was substituted, as from 1 January 1998, by section 23(2) Crimes Amendment Act (No 2) 1997 (1997 No 93). Subsection (6) was repealed, as from 1 January 1998, by section 23(3) Crimes Amendment Act (No 2) 1997 (1997 No 93). Subsection (7) was amended, as from 1 January 1998, by section 23(4) Crimes Amendment Act (No 2) 1997 (1997 No 93) by inserting the word “ summary ” . Subsection (7A) was inserted, as from 1 January 1998, by section 23(5) Crimes Amendment Act (No 2) 1997 (1997 No 93).