Section 48Part 4 — Powers, Duties and Privileges of Police Officers
Road checks
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48. (1) This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying —
a person who has committed an offence other than a road traffic offence;
a person who is a witness to such an offence;
a person intending to commit such an offence; or
a person who is unlawfully at large. Section 48 Police Act (2021 Revision) Page 44 Revised as at 31st December, 2020 c
For the purposes of this section, a road check consists of the exercise in a locality of the power conferred by section 69 of the Traffic Act (2021 Revision) in such a way as to stop during the period for which its exercise in that way in that locality continues all vehicles or vehicles selected by criterion.
Subject to subsection (5), there may only be such a road check if a police officer of the rank of Inspector or above authorises it in writing.
A police officer may only authorise a road check under subsection (3) —
for the purpose specified in subsection (1)(a) if the police officer has reasonable grounds —
for believing that the offence is an arrestable offence; and which vehicles would be stopped if the road checks were authorised;
for suspecting that the person is, or is about to be, in the locality in
for the purpose specified in subsection (1)(b), if the police officer has reasonable grounds for believing that the offence is an arrestable offence;
for the purpose specified in subsection (1)(c), if the police officer has reasonable grounds —
for believing that the offence would be an arrestable offence; and which vehicles would be stopped if the road check were authorised; and
for suspecting that the person is, or is about to be, in the locality in
for the purpose specified in subsection (1)(d), if the police officer has reasonable grounds for suspecting that the person is, or is about to be, in the locality.
A police officer below the rank of Inspector may authorise such a road check if it appears to that police officer that it is required as a matter of urgency for one of the purposes specified in subsection (1).
If an authorisation is given under subsection (5), it shall be the duty of the police officer who gives it, as soon as it is practicable to do so —
to make a written record of the time at which the police officer gives it; and
to cause a police officer of the rank of Inspector or above to be informed that it has been given.
A police officer to whom a report is made under subsection (6) may, in writing, authorise the road check to continue.
If such a police officer considers that the road check should not continue, the police officer shall record in writing —
the fact that it took place; and
the purpose for which it took place. Police Act (2021 Revision) Section 49 c Revised as at 31st December, 2020 Page 45
A police officer giving an authorisation under this section shall specify the locality in which vehicles are to be stopped.
A police officer giving an authorisation under this section, other than an authorisation under subsection (5) —
shall specify a period, not exceeding seven days, during which the road check may continue; and
may direct that the road check —
shall be continuous; or
shall be conducted at specified times during that period.
If it appears to a police officer of the rank of Inspector or above that a road check ought to continue beyond the period for which it has been authorised the police officer may, from time to time, in writing specify a further period, not exceeding seven days, during which it may continue.
Every written authorisation shall specify —
the name of the police officer giving it;
the purpose of the road check; and
the locality in which the vehicles are to be stopped.
The duties to specify the purposes of a road check imposed by subsections (8) and (12) include duties to specify any arrestable offence.
Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped shall be entitled to obtain a written statement of the purpose of the road check if that person applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped.
Nothing in this section affects the exercise by police officers of any power to stop vehicles for purposes other than those specified in subsection (1).