Crime scenes

Question 1

SECTION KNOWLEDGE TEST:
List all of the sections of LEPRA that relate to crime scenes, and explain (briefly) what each of these sections is for

Answer 1

• S88: must be lawfully on premises to establish CS and use CS powers
• S89: exceptions to s92 where a CS has been established in a public place
• S90: when we can establish a CS
• S91: how we can establish a CS (in any way reasonable, must give notice, can’t re-establish within 24hrs)
• S92: if no warrant, can only use the non-destructive CS powers (a-l of s95) and only for 4/6hrs (metro/rural)
• S93: if establishing CS without a warrant, must notify inspector or above
• S94: can apply to magistrate for crime scene warrant
• S95: list of crime scene powers (a-l non-destructive / m-p destructive)
• S96: offence of hindering lawful execution of crime scene powers

Question 2

Define a crime scene

Answer 2

any area/place where you reasonably suspect that a crime/serious incident has occurred and evidence of that crime may be found

Question 3

What is the difference between a primary and secondary crime scene?

Answer 3

Primary crime scene - where the offence/incident took place

Secondary crime scene - where evidence may be found linked to the offence/incident, even though the offence/incident did not occur there

Question 4

When may a crime scene be established? what section of LEPRA sets this out?

Answer 4

This is set out in LEPRA s90. The situations when a crime scene may be established are:

(1) If a police officer suspects on reasonable grounds that:
a. [traffic] offence committed in connection with traffic accident resulting in death or serious injury may have been committed in/on the premises, or
b. [primary SIO] Serious indictable offence may have been committed in/on the premises, or
c. [secondary SIO] Evidence of the commission of a SIO may be in/on the premises
AND it is reasonably necessary to establish a crime scene on the premises to preserve, search for, or gather evidence of the accident/offence

OR

(1A) if a crime scene warrant has been granted

Question 5

If police establish a crime scene in a public place:
1. how long can they use crime scene powers for without a crime scene warrant?
2. which powers can they use without a warrant?
3. which crime scene powers can they use (without warrant) on private vehicles within the crime scene?

Answer 5

LEPRA s89 states that if a CS is established in a public place:

1/2. police can use all crime scene powers for as long as they want without a warrant.

3. police can use all crime scene powers on vehicles in this crime scene, but cannot seize/detain/search vehicles unless it is reasonably necessary to preserve / search for / gather evidence of the CS offence

Question 6

Which section of LEPRA lists the crime scene powers available to police? Name 5 of these

Answer 6

LEPRA s95 (1) lists all of the crime scene powers (a-l are non-destructive; m-p are destructive).

The easiest ones to remember are:
a. Direct people to leave
b. Remove people forcefully
c. Direct people not to enter
d. Prevent people entering, forcefully
e. Prevent people removing evidence from crime scene and detain/search people for that purpose
f. Remove obstructions
g. inspect/investigate scene to obtain evidence
…
i. Open anything that is locked (musn’t break lock, unless have warrant)
…
k. Direct occupier / controller of premises to maintain electrical supply
l. Photograph crime scene
m. Seize evidence
n. Dig up anything
o. Remove wall / ceiling / floor linings and panels

Question 7

What is Locard’s exchange principle?

Answer 7

“Every contact leaves a trace”

Question 8

What are the responsibilities of first responders when establishing a crime scene?

Answer 8

• assess for hazards
• Identify casualties and provide aid as needed
• Determine size of perimeters, entry/exit points, nature of crime scene [i.e. crime type]
• give radio a SITREP (Location, Condition, Actions, Needs)
• manage witnesses (remove, separate, obtain particulars, ask to remain)
• set up crime scene tape
• notebook entry (sketch, list observations, list actions you’ve taken)
• crime scene log
• guard and protect

Question 9

What are the inner and outer perimeters of a crime scene for?

Answer 9

Inner perimeter - to protect evidence, 50% larger than needed
Outer perimeter - to exclude public/media from unauthorised entry and viewing

Question 10

For how long can crime scene powers be exercised without a crime scene warrant?

Where in legislation is this specified?

Answer 10

LEPRA s92 (2) states that crime scene powers may be used for
- no more than 4 hours
- no more than 6 hours if CS is in a prescribed rural area

EXCEPTION: LEPRA s89 permits crime scene powers to be used indefinitely if the CS is in a public place

Question 11

If police have just established a crime scene, but don’t yet have a warrant, which crime scene powers can they use?

Where in legislation is this specified?

Answer 11

LEPRA s92 (1 and 2) state that police can use non-destructive crime scene powers (listed at s95 a-l) but can only use destructive crime scene powers (listed at s95 m-p) if:
1. they have applied for a crime scene warrant which hasn’t yet been approved
2. they suspect on reasonable grounds that it is necessary to immediately exercise the destructive powers to preserve evidence