Crime Scene Laws Flashcards
What does LEPRA Section 90 cover?
(Grounds / Criteria) When a crime scene may be esablished
What does LEPRA Section 88 cover?
(Lawfully on premises)
Crime scene powers may be exercised if police officer lawfully on premises
- Whether by virtue of warrant or other lawful reason (Section 90 - preserve evidence)
What can an officer do with a vehicle, aircraft or vessel in a public place?
- Without a warrant - Exercise crime scene powers to preserve evidence
- Must have a warrant to seize, detain or search the vehicle
S 89 (3)
What does LEPRA section 89(2) state?
No CSW required for public place. Can exercise all crime scene powers s 95(1)
What section states when a crime scene may be established
LEPRA s 90
What is the criteria of s 90 (1)
- Offence linked to traffic accident that caused serious injury is being, was or may have been committed on the premises. To preserve evidence of that offence.
- SIO is/was/may be occurring on the premises
- Evidence of SIO committed elsewhere
- Interstate SIO ( s 90(2) )
What does s 89 cover?
Public Place
What does section 91 cover
What you can/must do when setting up crime scene
Setting up crime scene once in 24 hour period
What does s 91 (1) state
A police officer may establish a crime scene on premises in any way that is reasonably appropriate in the circumstances
Do officers have to give public notice of setting up crime scene?
Yes, if appropriate in the circumstances (s 91(2))
Whats does s 91(3) cover?
Cannot set up 2 crimes scenes in 24 hours for the same offence
When can a second crime scene be setup at the same location in a 24 hour period
For a different offence
s 91
What does s 92 cover?
What powers may be exercised at the crime scene with/without warrant
Without warrant = 4/6 hours time limit. S 95 (a) - (l) powers
Anything outside of this = warrant required as per s 94
What section states when s 95 (a) -(l) can be used?
s 92
What does s 93 cover?
Notice to senior police officer where no warrant required
What section outlines when you must give notice to senior officer? And Why?
s 93 - where crime scene established and no warrant is required
What does s94 cover?
Application for CSW
What are the two criteria for application of CSW
to gather evidence of
Traffic offence (serious injury or death)
SIO
What does s 95 outline?
Crime scene powers
what an officer can do in gathering evidence at crime scene
Name 3 crime scene powers officers can use under s 96 without a warrant
(a) direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene,
(b) remove from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene,
(c) direct a person not to enter the crime scene,
(d) prevent a person from entering the crime scene,
(e) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person,
(f) remove or cause to be removed an obstruction from the crime scene,
(g) perform any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence,
(h) for the purpose of performing any necessary investigation, conduct any examination or process,
(i) open anything at the crime scene that is locked,
(j) take electricity, gas or any other utility, for use at the crime scene,
(k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises,
(l) photograph or otherwise record the crime scene and anything in it,
What powers under s 95 require a warrant?
(m) seize and detain all or part of a thing that might provide evidence of the commission of an offence,
(n) dig up anything at the crime scene,
(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
(p) any other function reasonably necessary or incidental to a function conferred by this subsection.
