37Limitation on exercise of police powers

37 Limitation on exercise of police powers

(1)  It is the duty of a police officer exercising or seeking to exercise power under this Act –

(a) to have regard to the weather conditions prevailing at that time; and

(b) not to endanger the safety of any person or vessel; and

(c) not to detain a person or vessel for longer than is reasonably necessary for the power to be exercised; and

(d) not to direct, without good cause, that a commercial vessel or fishing vessel be taken to a place outside its usual or scheduled area or routes of operation.

(2)  It is the duty of a police officer requiring a person to submit to a breath test under this Part to ensure, as far as practicable, that –

(a) the breath test is carried out as soon as practicable; and

(b) the breath test is carried out at the place where the requirement was imposed or at the nearest practicable place.

(3)  However, a failure of duty under this section does not invalidate the exercise of a power under this Act.