Crime Scene Powers Flashcards
What are your Crime Scene Powers?
Crime Scene Powers - LEPRA
Section 95: (a-l = pre warrant, m-p = post warrant) - PROSPERED with DPP
Prevent a person from entering (d)
Remove person who fails to leave, or vehicle, vessel, aircraft they fail to remove (b)
Open anything locked (i)
Supply electricity - direct occupier to maintain continuous supply (k)
Prevent person from removing evidence, or interfering (e)
Examination or process (conduct) for the purposes of necessary investigation
Remove obstruction (f)
Electricity, gas, or other utility for use at CS (j)
Direct a person to leave crime scene, or remove vehicle, vessel or aircraft (a)
Direct a person not to enter (c)
Perform any necessary investigation (search, inspect CS to obtain evidence) (g)
Photograph or otherwise record CS or anything in it (L)
After warrant: RADS
R - Remove wall, ceiling linings or floors of a building or panels of vehicle (o)
A - Any other function reasonably necessary or incidental to a function conferred by
subsection (p)
D - Dig up anything at the crime scene (n)
S - Seize and detain all or part of a thing as evidence of an offence (m)
What are your Crime Scene Powers to establish a Crime Scene ?
Section 90 of LEPRA
A police officer may establish a CS if the officer suspects on reasonable grounds
S - Serious Indictable offence is being, was, or may have been committed in or on a
premises
E - Evidence of a serious indictable offence that may have been committed elsewhere is in
or on the premises
T - Traffic offence which has resulted in death or serious injury is being, was, or may have
been committed in or on a premises
AND it is reasonably necessary to establish a CS to preserve, search for and gather
evidence of the commission of that offence
What are your Crime Scene powers to remain lawfully on the premises?
Crime scene powers may be exercised if police officer lawfully on premises
88 Crime scene powers may be exercised if police officer lawfully on premises
A police officer who is lawfully on premises (whether by authority of a crime scene warrant or for any other lawful reason) may–
(a) establish a crime scene, and
(b) exercise crime scene powers in accordance with this Part, and
(c) stay on the premises for those purposes.
The powers for Establishment of a crime scene and how long to retain the crime scene?
Section 91 of LEPRA
- Not more than once in 24 hours - unless different offence
- May establish CS in any way reasonably appropriate
1) A police officer may establish a crime scene on premises in any way that is reasonably appropriate in the circumstances.
(2) A police officer who establishes a crime scene must, if reasonably appropriate in the circumstances, give the public notice that the premises are a crime scene.
(3) A crime scene may not be established under this Part on the same premises more than once in a 24 hour period unless a crime scene warrant is obtained in respect of the second and any subsequent occasion.
(4) Subsection (3) does not prevent a subsequent crime scene being established on the same premises in a 24 hour period for the purposes of investigating a separate offence that is not related to the offence in respect of which the initial crime scene was established.
When can you Establish a Crime Scene Warrant and include the powers
Section 94 of LEPRA
(1) A police officer may apply to an authorised officer for a crime scene warrant if the police officer suspects on reasonable grounds that it is necessary for the police officer or another police officer to exercise crime scene powers at specified premises for the purpose of preserving, or searching for and gathering, evidence of the commission of–
(a) a serious indictable offence, or
(b) an offence that is being, or was, or may have been, committed in connection with a traffic accident that has resulted in the death of or serious injury to a person.
(2) The authorised officer may, if satisfied that there are reasonable grounds for doing so, issue a crime scene warrant authorising any police officer to enter premises, to establish a crime scene on the premises (if a crime scene has not already been established) and to exercise all reasonably necessary crime scene powers at, or in relation to, a specified crime scene.
(2A) A crime scene warrant may, if a crime scene in relation to an offence is established on more than one set of premises, apply to each of those sets of premises.
(3) A police officer may, in accordance with the warrant and this Part, exercise all reasonably necessary crime scene powers.
(4) A crime scene power that may be exercised by a police officer under this section (other than the powers set out in section 95(1)(a)-(f) and (k)) may be exercised by a scene of crime officer, but only with the authority of a police officer who is responsible for executing the warrant.
Under what powers you as a Police Officer to obtain consent of the occupier to establish a crime scene
Section 95 of LEPRA
(4) The occupier of premises may consent to the exercise of crime scene powers on the premises only if the occupier is, before giving consent, informed by a police officer of the following–
(a) the crime scene powers proposed to be exercised on the premises,
(b) the reasons for exercising those powers,
(c) the right of the occupier to refuse consent.
