B.12.01.R1 Advice to Persons at Prison Check-Points (National Requirement)

Essential elements that must be covered

There are four essential elements that staff must convey to the drivers of vehicles stopped at prison check-points. These elements must be explained to the driver irrespective of the number of times the driver has entered the prison property.

1. The officer stopping the vehicle must identify him/herself as an officer of the prison.
2. The officer must explain that the vehicle is being stopped pursuant to s101 of the Corrections Act 2004.
3. The officer must explain clearly to the driver what is expected of them:
   1. to stop the vehicle;
   2. to keep the vehicle stopped until the search is complete;
   3. to give the officer(s) access to any part of the vehicle.
4. The officer must explain that reasonable force may be used to conduct the vehicle search, if necessary.

If staff consider that the driver may be unwilling to comply with these directions or with a search, they must warn the driver of the possible consequences if he/she fails to comply with any direction or requirement made by an officer under s101, or obstructs staff carrying out a vehicle search.

This is:

• It is an offence punishable on conviction by a fine not exceeding $1000 to fail, without reasonable excuse to comply with any direction or requirement made by an officer under s101(2). (s145 CA 2004).
• Any person who obstructs staff carrying out a vehicle search is liable to be arrested for obstruction of any officer in the course of their duties (an offence under section 23 of the Summary Offences Act 1981), punishable on conviction by a term of imprisonment not exceeding 3 months or a fine not exceeding $2000).

What a Prison Check-Point Officer says

The officer stopping the vehicle must remember that he/she is a representative of the PS and the highest professional standards of public relations, politeness and courtesy must be displayed to the person entering the property.

The advice to the person should be along these lines:

“Good morning/afternoon Sir/Madam, let me introduce myself. My name is…………………I am an officer of this prison.

Today we are conducting searches of vehicles, which we are empowered to do by law under section 101 of the Corrections Act 2004.

I would ask that you please turn your vehicle’s engine off, step out of the vehicle and we will endeavour not to keep you too long. However, before you do are there any drugs, alcohol or weapons in the vehicle?”

Thank you for your co-operation.”

Additionally, there may also be the need to ask that all passengers also leave the vehicle for the purpose of search.