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Search and Surveillance Act 2012

Police powers - Police powers in relation to Misuse of Drugs Act 1975 offences

24: Effect of not permitting internal search under section 23 on bail application

You could also call this:

"What happens if you don't let a doctor do an internal search when you're asking to be released on bail?"

If you are in Police custody and you do not let a doctor do an internal examination as required under section 23, a court can decide not to consider your bail application. This means you will stay in Police custody until either two days pass after you were supposed to let the doctor do the examination, or you let the doctor do the examination. The court can only do this if you did not let the doctor do the examination and the court thinks the Police had a good reason to ask for it. The court can still decide not to give you bail even if you do let the doctor do the examination. This rule is more important than any other rules about bail in the Bail Act 2000, the Misuse of Drugs Act 1975, or the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136659.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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23: Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975, or

"Police can ask a doctor to check inside your body if they think you've hidden something related to a drug offence"

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25: Warrantless searches if offence against section 78 or 78AA of Crimes Act 1961 suspected, or

"Police can search without permission if they think someone has committed a serious crime and it's an emergency."

Part 2Police powers
Police powers in relation to Misuse of Drugs Act 1975 offences

24Effect of not permitting internal search under section 23 on bail application

  1. In the circumstances set out in subsection (2), a court may decline to consider a bail application by a person, and may order that the person continue to be detained in Police custody, until the earlier of the following occurs:

  2. the expiry of 2 days after the day on which the person was required under section 23(1) to permit an internal examination by a medical practitioner:
    1. the person permits the examination to be conducted.

      1. The circumstances are that—

      2. the person fails to permit an internal examination to be conducted under section 23; and
        1. the court is satisfied that the requirement under section 23(1) was properly made on reasonable grounds.

          1. Nothing in subsection (1) limits a court's discretion to refuse bail.

          2. This section overrides any contrary provisions about bail in any of the following:

          3. the Bail Act 2000:
            1. the Misuse of Drugs Act 1975:
              1. the Criminal Procedure Act 2011.