Crime Scene Laws

Question 1

What does LEPRA Section 90 cover?

Answer 1

(Grounds / Criteria) When a crime scene may be esablished

Question 2

What does LEPRA Section 88 cover?

Answer 2

(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)

Question 3

What can an officer do with a vehicle, aircraft or vessel in a public place?

Answer 3

• Without a warrant - Exercise crime scene powers to preserve evidence
• Must have a warrant to seize, detain or search the vehicle

S 89 (3)

Question 4

What does LEPRA section 89(2) state?

Answer 4

No CSW required for public place. Can exercise all crime scene powers s 95(1)

Question 5

What section states when a crime scene may be established

Answer 5

LEPRA s 90

Question 6

What is the criteria of s 90 (1)

Answer 6

• 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) )

Question 7

What does s 89 cover?

Answer 7

Public Place

Question 8

What does section 91 cover

Answer 8

What you can/must do when setting up crime scene

Setting up crime scene once in 24 hour period

Question 9

What does s 91 (1) state

Answer 9

A police officer may establish a crime scene on premises in any way that is reasonably appropriate in the circumstances

Question 10

Do officers have to give public notice of setting up crime scene?

Answer 10

Yes, if appropriate in the circumstances (s 91(2))

Question 11

Whats does s 91(3) cover?

Answer 11

Cannot set up 2 crimes scenes in 24 hours for the same offence

Question 12

When can a second crime scene be setup at the same location in a 24 hour period

Answer 12

For a different offence

s 91

Question 13

What does s 92 cover?

Answer 13

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

Question 14

What section states when s 95 (a) -(l) can be used?

Answer 14

s 92

Question 15

What does s 93 cover?

Answer 15

Notice to senior police officer where no warrant required

Question 16

What section outlines when you must give notice to senior officer? And Why?

Answer 16

s 93 - where crime scene established and no warrant is required

Question 17

What does s94 cover?

Answer 17

Application for CSW

Question 18

What are the two criteria for application of CSW

Answer 18

to gather evidence of

Traffic offence (serious injury or death)

SIO

Question 19

What does s 95 outline?

Answer 19

Crime scene powers

what an officer can do in gathering evidence at crime scene

Question 20

Name 3 crime scene powers officers can use under s 96 without a warrant

Answer 20

(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,

Question 21

What powers under s 95 require a warrant?

Answer 21

(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.