Overview of the Act Part 2 – Search by Police Lawfulness of search by constable Section 65 – Limitation on what enables search
171.Section 65 provides that, where a person is not in police custody, it is unlawful for a search to be carried out by a police constable without express statutory authority, or without express authority conferred by a warrant. This provision will have the effect of ending the practice of ‘consensual’ stop and search.