A technical issue

The use of force requires police to hold a belief on reasonable grounds that a person is committing or is about to commit an offence.

On the other hand, search powers can be used when police hold a reasonable suspicion that the person has a regulated item.

This means that a question remains about whether police can use force to conduct searches.

This question has been resolved under the Drugs Act (section 60 D) – which authorises police to use force to conduct searches.

Section 17 A of the Graffiti Act permits an authorised Transport Officer to use force to seize a graffiti item.

The Control of Weapons Act authorises force when a police officer has a warrantA document issued by a court directing/ allowing an officer to do something.
For example: a warrant of apprehension (directing that a person be arrested and brought before a court); a warrant of commitment (directing that a person be arrested and imprisoned); a warrant of distress (directing that a person’s goods be seized to satisfy a debt); or a search warrant (directing or allowing a person’s house or workplace to be searched). More.

In practical terms however, refusal to permit a search under the Control of Weapons or Graffiti Acts can lead to a charge of hinder or obstruct police which provides the power of arrestTo take into custody. More, which then provides police with the power to use force.