23Power to search persons for dangerous implements without warrant in public places and schools

#### 23 Power to search persons for dangerous implements without warrant in public places and schools 23 Power to search persons for dangerous implements without warrant in public places and schools > > (1) A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control. > > > (2) To avoid doubt, if the person is in a school and is a student at the school, the police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker. > > > (3) For the purposes of this section, the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds to suspect that the person has a dangerous implement in the person’s possession or under the person’s control. > > > (4) In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search. > > > (5) A police officer may seize and detain anything found as a result of a search under this section that the police officer has reasonable grounds to suspect is a dangerous implement that is unlawfully in the person’s possession or under the person’s control. > > > (6) For the purposes of this section— > > > > > (a) locker includes any facility for the storage of a student’s personal effects, and > > > > > (b) anything inside a person’s locker is taken to be under the control of the person. > > **s 23 (previously s 25):** Am 2007 No 80, Sch 2.15 \[3\]. Renumbered 2014 No 31, Sch 3 \[19\]. Subst 2018 No 29, Sch 1.17 \[2\]