Crime Scenes Powers Flashcards
What sections of LEPRA are the Crime Scene Powers
Sections 88-95
What is Section 88 of LEPRA
S.88 Crime scene powers may be exercised if police officer lawfully on premises
(PRIVATE):
This section states that where police are on premises lawfully, they are able to establish a crime scene and exercise crime scene powers conferred by this part.
You may be lawfully on premises by any of the following means:
* Consent from the occupier;
* A warrant;
* Following entry in an emergency; and
* Any other lawful reason.
The section goes further to state you can remain on the premises to exercise powers A-F, and stay on those premises for those purposes.
What are the conditions, where police can lawfully be on a private premise?
o When invited by the lawful occupier
o To prevent a breach of the peace
o To arrest or detain a person under S10 of LEPRA
o To execute a crime scene warrant or other relevant warrant
What is section 89 of LEPRA
S.89 - Application of part to premises (PUBLIC):
- This part applies to premises of any kind, whether or not public
- a police officer may exercise crime scene powers at a crime scene in a public place without obtaining a crime scene warrant
- A police officer may exercise crime scene powers in relation to a vehicle, vessel or aircraft that is within a crime scene established in a public place, without obtaining a warrant, but may exercise a crime scene power that involves seizing, detaining or searching the vehicle, vessel or aircraft only if:
o necessary to preserve, search for and gather, evidence of the commission of the offence in connection with which the crime scene was established, or
o The police officer is authorised to do so by a crime scene warrant or other lawful authority.
What is section 90 of LEPRA
S.90 When a Crime Scene may be established:
A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that:
- Traffic accident resulting in death of or serious injury
- SI Offence
- Preserve, serach and gather evidence
What is section 91 of LEPRA
S.91 - Power to establish Crime Scene (May establish, give public notice, not more than once in 24 hrs)
(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
What is section 92 of LEPRA
S.92 - Allows for the exercise of Crime Scene powers
(1) A police officer may exercise any of the crime scene powers set out in section 95 (1) (a)–(l) if:
(a) A crime scene has been established under this Part, and
(b) The police officer exercising the power suspects on reasonable grounds that it is necessary to do so to preserve evidence of the commission of an offence in relation to which the crime scene was established.
(2) A police officer may exercise any of the other powers set out in section 95 (1), but only if:
(a) A crime scene has been established under this Part, and
(b) The police officer or another police officer applies for a crime scene warrant in respect of the crime scene, and
(c) The police officer suspects on reasonable grounds that it is necessary to immediately exercise the power to preserve evidence of the commission of an offence.
(3) A police officer may exercise the crime scene powers conferred by this section for a period of not more than 4 hours (or not more than 6 hours in the case of a crime scene established in a rural area prescribed by the regulations), commencing when the crime scene is established, unless the police officer or another police officer obtains a crime scene warrant.
What is section 93 of LEPRA
S.93 - Notice to Senior Police Officer
where warrant not required
(If Crime Scene period isn’t reached)
What is section 94 of LEPRA
S.94 - Power to apply for a Crime Scene Warrant
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.
What is section 95 of LEPRA
S.95 - lists the Crime Scene Powers
WHAT ARE YOUR CRIME SCENE POWERS?
(A-L)
DRE PEOPEO TEP
(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 ARE YOUR CRIME SCENE POWERS?
(M-P) (W/WARRANT) RADS SDRA
M-P
RADS
M) Seize and detain all or part of a thing that might prove evidence of an offence
N) Dig up anything at the CS
O) Remove wall/ceiling linings/floors or panels of a vehicle
P) Any other function reasonably necessary or incidental to a function
What is section 96 of LEPRA
S. 96 LEPRA- Obstruction or hindrance of person executing crime scene warrant:
(1) A person must not, without reasonable excuse, obstruct or hinder a person executing a crime scene warrant.
To establish a crime scene, you must suspect on reasonable grounds that?
What Section?
S. 90 LEPRA
- An offence committed in connection with a traffic accident that has resulted in the death or serious injury of a person is being, or was, or may have been committed on the premises
- A serious indictable offence is being, or was, or may have been committed on the premises
- There may be in or on the premises evidence of the commission of a serious indictable offence that may have been committed elsewhere
In each case, it is reasonable necessary to establish a CS to preserve, search for or gather evidence of that offence
How long can you establish a Crime Scene for without a warrant?
- Metro – 4 Hours
- Rural – 6 hours
