LERPA CRIME SCENE Flashcards
What does Section 88 LEPRA give police if they are lawfully on premises.
EER
A police officer who is lawfully on premises (whether by authority of a crime scene warrant or for any other lawful reason) may:
establish a crime scene, and
exercise crime scene powers in accordance with this Part, and
stay on the premises for those purposes.
ESTABLISH
EXERCISE
REMAIN
When can a crime scene be established as per Section 90 LERPA?
A) Offence related to a MV crash (dearth or serious injury)
B) SIO
C) SIO committed elsewhere but has evidence of the crime
D) Offence committed interstate if it is SIO in NSW.
What does Section 91 LEPRA cover?
Establish a crime scene anyway that’s reasonably apropriate
Give public notice
Not more than once in a 24 hour period without a warrant (unless it relates to a separate investigation)
What does Section 92 LEPRA cover?
S92(1) A police officer may exercise any of the crime scene powers set out in section 95(1)(a-l)
2) Can Execute any of the other crime scene powers if
- A crime scene has been established.
- The police officer or another officer applies for a crime scene warrant
- Immediate exercise of power to preserve evidence.
3) May exercise crime scene powers without a warrant for not more than 4 hours city and 6 hours rural.
4) Does not have to be the police who established the crime scene.
5) Crime scene powers for SOCOs
Who must a police officer give notice to if a Crime Scene Warrant is not required Section 93 LEPRA?
Notice to senior officer if warrant is not required.
What offences can police apply for a Crime Scene Warrant as per Section 94 LEPRA?
A) Offence related to a MV crash (dearth or serious injury)
B) SIO
C) SIO committed elsewhere but has evidence of the crime
D) Offence committed interstate if it is SIO in NSW.
Can the occupier object/ask for a review of the Crime Scene Warrant?
YES S94A
The occupier of premises in respect of which a crime scene warrant is issued may apply to an authorised officer for a review of the grounds on which the warrant was issued.
(3) Any such application for a review of a crime scene warrant does not stay the operation of the warrant.
(4) After reviewing the grounds on which the crime scene warrant was issued, the authorised officer to whom an application for review is made may:
by order in writing, revoke the crime scene warrant, or
refuse to revoke the warrant.
What are the Crime Scene powers as per Section 95 LEPRA?
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,
M)seize and detain all or part of a thing that might provide evidence of the commission of an offence,
N) dig up anything at the crime scene,
O) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
P) any other function reasonably necessary or incidental to a function conferred by this subsection.
What is the offence listed under Section 96 LERPA?
Obstruction or hinder Anne of person executing crime scene warrant.
What is outlined in Section 97 LEPRA?
Search Warrants are not affected by existence of crime scene.
If someone is giving Crime Scene consent what must be covered?
Crime Scene Consent must be in writing
Must be advised what powers will be used and why
Must be in writing and signed by occupier
Must be advised that they don’t have to consent
What are the types of evidence at a crime scene?
PHYSICAL - Baseball bats
TRACE - Skin, blood
LATENT - Requires some of process such as DNA
Section 76 LEPRA covers defects in warrants? What does this section outline?
A warrant is not invalidated by any defect, other than a defect that affects the substance of the warrant in a material particular.
What does section 89 LEPRA cover?
PUBLIC / PRIVATE
Inc. vehicle or vessel
What does each section number 88 to 95 of LEPRA relate to? (Summary of each)
S88 - Lawfully on (establish, exercise, remain)
