Crime Scene Legislation - Section Names

Question 1

S. 88 LEPRA

Crime scene powers may be execised if PO lawfully on premises.

HINT: 3 Things PO can do if lawfully on premises.

Answer 1

PO lawfully on a premises may:

• Establish a crime scene
• Exercise crime scene powers
• Stay on the premises for these purposes

Question 2

S. 89 LEPRA

Application of part to premises.

HINT: Where can crime scenes be established? Where is a warrant not necessary?

Answer 2

• Crime scenes may be established anywhere (both private and public places).
• No crime scene warrant is necessary for a public place.

Question 3

S. 90 LEPRA

When a crime scene may be established.

HINT: 3 things. When can they be establsihed?

Answer 3

PO may establish a crime scene if they suspect an offence has been committed in connection with:

• A traffic accident resulting in death or serious injury to a person, or
• A serious indictable offence
• To preserve or search for and gather evidence in relation to a SIO.

Question 4

S. 91 LEPRA

Establishment of crime scene.

HINT: What to do when establishing a crime scene (How and notify who?, How many times can a crime scene be established on the same premises?)

Answer 4

A PO

• May establish a crime scene on premises in any way that is reasonably appropriate.
• Whoever establishes a crime scene must, if reasonably aprropriate, give the public notice that the premises is a crime scene.
• Crime scene may not be established on the same premises more than once in a 24hour period unless a crime scene warrant is obtained.

Question 5

S. 92 LEPRA

Exercise of powers at crime scene.

HINT: How long can crime scene powers be exercised in metro and rural? PO who exercises crime scene powers must do so as they suspect on reasonable grounds…

Answer 5

PO may exercise the following crime scene powers in an established crime scene:

• S. 95(1) (a)-(f) without a warrant
• S. 95(1) (g)-(p) with a warrant unless it’s in a public place.
• PO must suspect on reasonable grounds it is immediately necessary to exercise these powers for the preservation of evidence.
• Can only exercise crime scene powers for no more than 4 hours (6 hours in rural) unless a crime scene warrant is obtained.

Question 6

S. 93 LEPRA

Notice to Senior PO where warrant not required.

Answer 6

PO must notify a senior PO if crime scene has been established for 4 hours or less (6 hours or less in rural).

Question 7

S. 94 LEPRA

Crime scene warrant.

HINT: PO who applies for a crime scene warrant must do so as they believe it is necessary for….what?
2 things.

Answer 7

PO may apply for a crime scene warrant if they suspect on reasonable grounds it is necessary to exercise crime scene powers at specified premises for the purpose of preserving, searching for and gathering evidence of the commision of:

• A traffic accident resulting in a death or serious injury to a person or,
• A SIO

Crime scene warrants last for 24 hours.

Question 8

S. 95 LEPRA

Crime scene powers - Preservation Powers (a-f).

HINT: 6 things. a&b are connected, c&d are connected.

Answer 8

PRESERVATION POWERS

(a) Direct a person to leave or remove a vehicle, vessel or aircraft
(b) Remove a person, vehicle, vessel or aircraft who fails to comply with a direction to leave
(c) Direct a perosn not to enter
(d) Prevent a person from entering
(e) Prevent a person from removing evidence or intefering with the crime scene and detain/search the person if necessary
(f) Remove or cause to be removed and obstruction.

Question 9

S. 95 LEPRA

Crime scene powers - Investigation Powers (g-p).

HINT: 10 things.
Mnemonic = A DISPOSURE (not in order)

Answer 9

INVESTIGATION POWERS
Warrant needed unless it is a public place.

(g) Perform any necessary investigation (search and inspect to obtain evidence)
(h) Conduct any examination or process
(i) Open anything at the crime scene that is locked
(j) Use utilities at premises (gas, electricity etc.)
(k) Direct occupier/manager of premises to maintain a continuous supply of electricity
(l) Photograph or otherwise record the crime scene and anything in it
(m) Seize and detain anything that might provide evidence
(n) Dig up anything
(o) Remove walls, ceiling linings or floors of a building, or panels of a vehicle
(p) Any other function reasonably necessary or incidental to the above

• Powers may be exercised without a warrant if lawfully on premises and occupier consents.