lepra 82-87

Question 1

LEPRA s82

Answer 1

Power to enter via invitation

• police who believe on reasonable grounds a DV offence
  
  • is committed or likely to be committed
  • in any dwelling
  • if invited to do so by a person who apparently resides in the dwelling (can be child)
  • enter the dwelling
  • to investigate the matter and take action to prevent further commission of DV offence

Police cannot remain if
- invitation is refused or is revoked

Police can remain if
- if the person police believe is a victim give permission to stay even if another occupier refuses

Question 2

LEPRA s83

Answer 2

warrant where entry denied or authority to remain refused

• if a police officer is denied entry and police believe a DV offence is/was/imminent or likely to occur, they can apply to authorised officer for a warrant to gain entry

Must advise the authorised officer
- entry has been denied
- it is necessary to enter the dwelling
- they suspect on reasonable grounds a dv offence is/was/imminent or is likely to occur
- it is necessary to investigate

Question 3

LEPRA s85

Answer 3

Powers that may be exercised on entry into premises

A police officer who enters the dwelling under this part (s82 or s83) may
- investigate
- render aid
- lawful arrest
- prevent further offences
- must inquire firearms and seize if present

Question 4

LEPRA S82(3A) (3B) (3C)

Answer 4

3A - police entered via invitation may exercise powers until invitation revoked or otherwise a warrant issued
- direct person to leave or not enter dwelling
- remove person from dwelling who does not comply with direction
- prevent person entering
- prevent person interfering with evidence

Question 5

LEPRA s86

Answer 5

s86 - police may enter and search for firearms

if all the people involved in the domestic incident say that there are no firearms upon inquirey, but police believe on reasonable grounds that there may be firearms, police must apply for a search warrant.

What information would give you reasonable grounds to believe theres firearms?
- hobbies - does the household have hunting equipment around? camo, bows, etc

Question 6

LEPRA s87

Answer 6

s87 - search and seizure powers

A police officer entered under a power or under this Act may search dwelling for and detain a dangerous article or implement as long as:

1. police have entered lawfully under a power in LEPRA
   2 police believe on reasonable grounds that:

A- dangerous article or implement is in dwelling
b - the article or implement is being, was, is likely to be or used to commit a DV offence