PDRE Questions

Question 1

You are preparing an application for a search warrant. Some of the information forming the basis of the application has been provided to you by a registered source.

You want to protect this information from public record because you believe that its disclosure may compromise the investigation. What should you do?

Answer 1

Make an application to clause 14 of LEPRA.

Clause 13 of LEPRA
requires that documents relating to search
warrants be kept including any written application, a record relating to the application/warrant, a copy of the occupiers notice and a report on the execution including a copy of the receipt for any seized item.

To protect the information set out in Clause 13 an officer may make an
application pursuant to Clause 14 LEPRA enables an authorised officer (clerk of the court) to, at any time, issue a certificate to the effect that the information is not to be made available.

Question 2

What grounds are required for a clause 14 of LEPRA

Answer 2

Grounds to issue a clause 14 certificate include:
 Information that may disclose a person’s identity, and
 if that identity is disclosed that persons safety may be
jeopardised, and
 To prevent the application from being publicly accessed on the basis
that it may seriously compromise the investigation of any matter

Question 3

Section 36 of the Law Enforcement (Powers and
Responsibilities) Act 2002 gives police the power to
seize a “thing” during a vehicle search if the officer
suspects the thing is connected with an offence.

What principles should police adopt when they
want to seize a “thing”.

SUPPORT YOUR ANSWER WITH CASE LAW.

Answer 3

5 Principles when seizing a thing Ghani V Jones (1970)
1.
The Police officer must have reasonable grounds for believing
that a serious offence has been committed.
2.
The police officer Must have reasonable grounds for believing
the article in question is the fruit of the crime or the
instrument by which it was committed, or is material to prove
the commission of the crime.
3.
The officer must have reasonable grounds to believe that the
person in possession of it has committed the crime, is
implicated in it, or an accessory to it, or at any rate, refusal
must be quite unreasonable
4.
The Police must not keep the article nor prevent its removal
for any longer than is reasonable necessary to complete their
investigation.
5.
Lawfulness of the conduct of Police must be judged at the time
and not by what happens afterwards

Question 4

It is 3.00am and you are patrolling an industrial park
area of a LAC. You observe a panel van driving down the
roadway a short distance in front of them. You can only
see the driver in the vehicle. Upon seeing police the
driver immediately slows down to around 10km/h below
the sign posted speed limit. Police conduct a vehicle
check on the panel van; radio confirms that the vehicle is
currently registered. There is one previous COPs entry
that is three years old indicating that the vehicle was
used in a ram raid in the city.

Ignoring any specific legal issues, prima facie what
LEPRA power may allow police to stop, search and
detain the vehicle and occupants AND why this power
is relevant?

Answer 4

Section 36 of LEPRA Allows a police officer without warrant to stop, search, and
detain a vehicle if the police officer suspects on reasonable grounds that the
vehicle or occupants are connected with the commission of a relevant offence and
allows police to seize any item that is connected with that relevant offence

(1) A police officer may, without a warrant, stop, search and detain a vehicle if
the police officer suspects on reasonable grounds that any of the following
circumstances exists:

(a)
The vehicle contains, or a person in the vehicle has in his or her possession or
under his or her control, anything stolen or otherwise unlawfully obtained
(b)
The vehicle is being , or was, or may have been, used in or in connection with
the commission of a relevant offence,
(c)
The vehicle contains anything used or intended to be used in or in
connection with the commission of a relevant offence,
(d)
The vehicle is in a public place or school and contains a dangerous article that
is being, or was, or may have been, used in or in connection with the
commission of a relevant offence
(e)
The vehicle contains, or a person in the vehicle has in his or her possession or
under his or her control, a prohibited plant or prohibited drug in contravention
of the Drug Misuse and Trafficking Act 1985
(f)
Circumstances exist on or in the vicinity of a public place or school that are
likely to **give rise to a serious risk to public safety and that the exercise of the
powers may lessen the risk.

Question 5

Assuming the police acted only on the information
provided in the previous scenario

What issues may arise (if any) concerning the
vehicle stop? Explain your answer with reference
to relevant case law and LEPRA

Answer 5

In regards to Section 36 of LEPRA, the officers involved must be able to justify a reasonable suspicion to suspect that circumstances in section 36 are met i.e. (a vehicle is connected with a relevant offence, contains items used in that offence, dangerous articles, stolen property, prohibited drugs, and circumstances that give rise to public safety).

Further to this, on the basis of Streat V Bauer and Streat v Blanco the police must have formed a genuine suspicion in their own mind (Subjective Test) of which a reasonable person armed with that same
information would have come to that same suspicion ( Objective Test ).

“There must be some factual basis upon which the suspicion is formed; it cannot be merely speculative. If the view is too speculative it is not reasonable to hold the suspicion”

“A reasonable suspicion involves less than a reasonable belief but more than a possibility. There must be something which would create in the mind of a reasonable person apprehension or fear” That a thing specified in a requisite search power exists i.e. prohibited drug

Question 6

Police are lawfully on premises and have established
a crime scene without the consent of the occupier,
and are waiting for a crime scene warrant to be
issued.

What are crime scene powers that police can
exercise straight away without a warrant

Answer 6

Section 95(1)(A-L):

a) Direct a person to leave the crime scene or remove a vehicle, vessel or aircraft
from the 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

Section 92(1) states that a police officer can exercise any of the powers pursuant to section 95 (1) ( A)––(L) of LEPRA if is necessary to do so to preserve evidence of the commission of an offence for which the crime scene was established.

Question 7

Once a Crime Scene Warrant has been issued,
what crime scene powers become available to
police to investigate the crime scene?

Answer 7

Including powers listed in Section 95(1)(A-L) once a warrant has been authorised police can use all of the powers in section 95(1) including powers (m-p):

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.

Question 8

Where applicable, what considerations must police comply with when obtaining occupiers consent at a crime scene? Explain your answer with reference to the relevant legislation

Answer 8

95(3) of LEPRA states that Nothing in this Part prevents a
police officer who is lawfully on premises from exercising a
crime scene power or doing any other thing, if the occupier
of the premises consents. However, any such consent must,
as far as is reasonably practicable, be in writing

95(4) of LEPRA 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.

Question 9

You are first on the scene at premises after
responding to a call that a violent domestic was
taking place. Upon entering the premises you find a
women lying on the floor of the kitchen with a stab
wound to the chest, you ascertain that she is
deceased. You conduct a search of the premises and
find that there is no one else in the house. A knife
with blood on it is found in the hallway.

As the first officer on the scene what should you
do to preserve the integrity of the crime scene for
examination?

Answer 9

***** Assess any hazards and take appropriate action
* Render or arrange first aid for anyone
* Determine the nature and size of the scene
* Think forensic. i.e. try not to contaminate any forensic evidence , namely possible DNA evidence
* Determine an entry point for the crime scene; a point not used by the suspect
* Remove all people through the entry point and record all witnesses particulars including, their driver’s license number where practical. This will help the linking process on COPS
* Call a supervisor and or duty officer to coordinate control of the scene (scene coordinator)
* Call Detectives to attend
* Call investigations manager who will arrange the attendance of further investigators
* Define the boundary of the scene with police crime scene tape (Consider inner and outer perimeters)
* Protect any endangered physical evidence and record action in your notebook
* Record any action which might have changed the crime scene eg : forced entry or moving objects
* Guard and prevent entry to people , regardless of rank or status, who do not have a specific task to perform
* Advise DOI, SOO or Local Area Commander of your call sign, name, location of scene control point and boundary position of scene tape
* Record a log in your notebook, including rank, name, station time of entry and exit and reason for specific task for each person entering the crime scene until formally relieved
* Provide senior investigating officer and crime scene investigator with all information before you leave
* Obtain the signature of the senior investigating officer when you are relieved of recording
duties.

Question 10

You attend premises in response to a request from a
mobile supervisor in relation to a deceased person. On
arrival you speak with a man who states that he arrived
at the premises to take his brother to a local drug clinic
but, on entering the bedroom, he had found his brother
lying on the bed, apparently deceased. You go inside
the premises, accompanied by the brother, and go to
the bedroom in which the deceased is located. You
recognise him as a known drug addict who appears to
have died from accidental drug overdose.

What procedure would you now follow?

Answer 10

• Secure the scene; apply for a crime scene warrant/coronial warrant where necessary.
• Check the body.
• Call detectives (they are responsible for determining whether death is suspicious).
• Arrange for a thorough crime scene/forensic examination to be carried out, including the attendance of a crime scene investigator to determine whether death was intentional or accidental.
• Take possession of any drugs at scene.
• Identify the body in the presence of a family member or other independent witness.
• Record property description located on deceased in notebook or on Search Form.
• Arrange for the Government Contractor to convey the body to the hospital.
• Life to be pronounced extinct by Doctor/Ambulance , then to coroner’s morgue.
• Obtain information for P79A.
• Book up property EFIMS
• Send Coroner P79A
• Ensure deceased persons criminal history relating to drug matters is attached to original report of P79A.

Question 11

What is the primary function of an Incident Scene
Guard and what should be recorded on the Crime
Scene log?

Answer 11

Crime Scene Logs are a key tool in preserving the crime scene and show transparency as to the continuity of the scene. Crime Scene Guards deny access to any personnel who do not have a specific and relevant role to perform within the scene perimeter.

Recorded on the log should be:
 Name of person entering
 Time of entry
 Time of Exit
 Signature of the person entering
 Reason for entering

Question 12

You are the first investigator to arrive at the scene of
an armed robbery at a local bank.

What steps should you take to ensure an appropriate investigative response?

Answer 12

Armed Robbery Standing Operating Procedures
* Prior to arrival, obtain all known information
(from Police Radio).
* Use Officer Survival Skills on approach.
* Request some police vehicles to attend the
scene and others to circulate.
* Attend to any injured persons/** preserve life**
* Obtain initial information from the scene and
circulate informationvia Police Radio.

Crime Scene Considerations
* Establish crime scene. Refer to Crime Scene Unit (CSU) SOPs in
the Investigators Guide to Physical Evidence.
* Consider Crime Scene Warrant/s utilising LEPRA Powers/ Owners
Consent.
* Place guardat Crime Scene ensuring no unauthorised access.
* Allocate an officer to commence and maintain a Crime Scene Log.
* Identify any areas for crime scene examination. i.e. identify
fingerprints, shoe/boot imprints, consider areas locating DNA, and
secure as per SOPs.
* Secure any demand notesfor crime scene examination
* In instances where shots are fired inform Ballistics Unit. Secure
spent cartridges, live cartridges or discharged projectiles
* Organise a search of an area in consultation with Crime Scene
Examiner for exhibits i.e. Clothing; cigarettes, rope, stick tape etc ,
getaway vehicles.
* Arrange Duty Officer or Supervisor to attend
* Arrange for Crime Scene/ FSG to attend
* Ensure that a fingerprint assessment is conducted by Crime
Scene

Question 13

What are some Crime Scene Considerations?

Answer 13

Crime Scene Considerations
* Establish crime scene. Refer to Crime Scene Unit (CSU) SOPs in
the Investigators Guide to Physical Evidence.
* Consider Crime Scene Warrant/s utilising LEPRA Powers/ Owners
Consent.
* Place guardat Crime Scene ensuring no unauthorised access.
* Allocate an officer to commence and maintain a Crime Scene Log.
* Identify any areas for crime scene examination. i.e. identify
fingerprints, shoe/boot imprints, consider areas locating DNA, and
secure as per SOPs.
* Secure any demand notesfor crime scene examination
* In instances where shots are fired inform Ballistics Unit. Secure
spent cartridges, live cartridges or discharged projectiles
* Organise a search of an area in consultation with Crime Scene
Examiner for exhibits i.e. Clothing; cigarettes, rope, stick tape etc ,
getaway vehicles.
* Arrange Duty Officer or Supervisor to attend
* Arrange for Crime Scene/ FSG to attend
* Ensure that a fingerprint assessment is conducted by Crime

Question 14

What are some Crime Scene Avenues of Inquiry and Considerations

Answer 14

• Identify victim/s and witnesses and separate them to
  avoid contamination
• nquire and locate any surveillance camera /s and secure
  relevant footage.
• Organise a canvasof the area for witnesses and possible
  surveillance footage
• Do not comment to media regarding witness names, and
  make no comment at all concerning amount or property
  taken. Refer to Media Policy.
• Contact and inform the Robbery & Serious Crime Squad
  and Metropolitan Robbery Unit as soon as possible.
• Victims of Crime should be directed to Post Incident
  Traumatic Counseling. Remember it is very traumatic to
  victim Victim Care is important.

Question 15

You are the first investigator at the scene of a homicide. Pending the arrival of experienced investigators.

what is your responsibility with crime scene management and what actions would you take to achieve this?

Answer 15

Assess the scene to establish what has happened. Commence management of the crime scene by ensuring police have control

In order to achieve this, police should:

• Establish/identify personnel tasked with responsibilities.
• Remove non essential personnel from the crime scene.
• Crime scenes cordon off using crime scene tape.
• Inner, Outer Perimeters and Exclusion Zones are established.
• Appropriate entry and exit routes have been established.
• Appoint crime scene guards
• Commence and maintain crime scene logs.
• Establish authority to hold the crime scene (Permission; S40 Coroners Act/ Coronial Warrant ).
• Consider LEPRA Powers Section 88 to 95.
• Consider application for a Crime Scene Warrant
• Exhibit preservation and security has been undertaken.
• Consider natural elements like rain, dust, UV exposure, extreme temperature,
• Become aware of media interest .
• Consider appointing a Media Liaison Officer
• Consider a Canvass/Search if required.
• Ensure relevant forensic and specialist resources attend.
• Appoint Exhibit Officer to assist the Crime Scene Investigator.
• Consider preservation of forensic evidence upon offender and witnesses
• Maintain communication with Command / Management.

Question 16

A number of similar breaking offences have occurred in your
LAC. Each offence is linked by the fact that garages have
been targeted and golf clubs have been stolen.

You made inquiries with pawn brokers and as a result you
found that a local criminal has sold nine sets of golf clubs to
pawn shops in the last month. In the process of making those
inquiries you see that same person carrying a set of golf clubs towards a pawn broker.

What would you do?

Answer 16

• Stop the suspect and Introduce myself to them in accordance with Part 15 of LEPRA (Safeguards)
• Inspect the property (Golf
• Question the suspect about the golf clubs and ask him
  where he got them, how much he paid for them etc.
• Once reasonable suspicion is formed I would Search the
  suspect (IPE prior) under section 21(1)(a) for property
  stolen or otherwise unlawfully obtained.
• I would Seize the Goods under section 21(2)(a) LEPRA ,
  and conduct an OBJENQ on those goods.
• I would Arrest / caution the suspect for Goods in
  Custody . I would potentially Arrest for Break enter and
  Steal if admissions were made at the scene.

Question 17

Considering the last scenario, What issues should you consider regarding the goods in
custody offence?

Answer 17

• Suspicion is on the goods not the person.
• Consider the Condition and value of the goods
• Statute of Limitations is 6 Months for property or 2 Years for Motor vehicles
• Consider the Existence of serial numbers, inscriptions, packaging
  and other identifying marks.
• Consider and Investigate the Suspect’s explanation as to the
  acquisition of the property. The suspects behaviour is important to consider ( Anderson v t he Judges o f t he District Court)
• Circumstances in which the accused is found with the property and how they obtained the property ( where, when, how much, receipt, proof!).
• Consider the Doctrine of Recent Possession
• Consider offences akin to Goods in Custody – Receiving?

Note: Anderson v the Judges of the District Court explained that the prosecution
must prove that it was reasonable to suspect that the proper ty was stolen or otherwise unlawfully obtained based on the explanation of the suspect and the
circumstances of the custody. There is also a need to particularise what type of custody is involved in this par t icular of fence I.e. in his or her custody, custody of another, on premises, give custody to another not lawfully entitled. This must be
specified.

Question 18

Scenario Continued

A number of similar breaking offences have occurred in your LAC.

Each offence is l inked by the fact that garages have been targeted and golf clubs have been stolen.

You made inquiries with pawn brokers and as a result you found that a local criminal has sold nine sets of golf clubs to pawn shops in the last month. In the process of making those inquiries you see that
same person carrying a set of golf clubs towards a pawn broker .

The golf clubs are engraved with a driver licence number. A check on this number reveals a report that indicates these clubs were stolen from a break and enter offence only one hour before the arrest.

What offence could you charge the suspect with and what
legal principle would assist you in determining the charge?

Answer 18

I would arrest the suspect for the Break and Enter Commit SIO. I would do so taking into consideration the Doctrine of Recent Possession :

“A person, who is in possession of items (property) so soon after a stealing, or a break and enter, has taken place, that no other conclusion should be reached by the Court than that the person is the thief, breaker or the guilty receiver in the absence of any explanation ”

Section 121 of Crimes Act 1900 should also be canvassed regarding alternative verdicts for Larceny or Receiving.

Question 19

Considering the previous scenario, Is there anything further you would do regarding the other sets of golf clubs?

Answer 19

• Review the incidents and identify similar features (modus
  operandi/ Tendency and Coincidence)
• Identify if there is any evidence; eyewitness or forensic that may be used to link the suspect to previous offences
• Interview the suspect in relation to each of the incidents.
• Consider taking a forensic procedure to link to previous
  offences where material is available.
• Consider other more appropriate offences which may include;
• Break Enter & Steal,
• Receiving,
• Goods in Custody,
• Obtain benefit by deception (when statute of limitations elapsed for goods in custody),
• Furnish false / misleading particulars to a licensee
  (Pawnbrokers & Second Hand Dealers Act).

Timeframes and recency of possession, along with identifiable property will influence the decision on what offences to charge with.

Question 20

Trevor and Barry have been watching the local RSL Club at
Westmead for several days. For a fortnight they have been planning to break into the gaming area of the club outside of club trading hours and steal cash from the coin trays in the card machines. Trevor and Barry are sure that nobody will be inside the club when they break into the club.

On the evening of the job, Trevor and Barry force their way
through the two glass doors and gain entry into the gaming area of the club. They immediately start to work on removing a coin
tray from the first card machine. Barry starts to place coins from
the card machine into a black bag.

What is the most appropriate offence that you would charge both Trevor and Barry with?

Answer 20

Section 112(2) Aggravated Break Enter & Commit Serious Indictable Offence

(Because they were in company)

All Circumstances of Aggravation are defined under S105A of the Crimes Act

Question 21

In regards to Break and Enter Offences (S106 -115A)

Outline the circumstances of aggravation including specially aggravated circumstances as under Section 105A of the Crimes Act

Answer 21

Circumstances of aggravation
a) The alleged offender is armed with an offensive weapon, or instrument ,
b) The alleged offender is in the company of another person or persons
c) The alleged offender uses corporal violence on any person,
d) The alleged offender intentionally or recklessly inflicts actual bodily
harm on any person,
e) The alleged offender deprives any person of his or her liberty ,
f) The alleged offender knows that there is a person, or that there
are persons in the place where the offence is alleged to be committed.

Circumstances of special aggravation
a) The alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person
b) The alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any
other person,
c) The alleged offender is armed with a dangerous weapon

Question 22

Explain the “Doctrine of Recent Possession” and how it may be applied, provide an example

Answer 22

◾ If a defendant has in his possession goods which are
proved to be stolen
◾ And it is shown that his possession of them at the time was recent to their theft,
◾ in the absence of a credible explanation by the defendant,
◾ The court may come to the conclusion that he is either the
thief of the same, or a guilty receiver .

◾ Example: During an Aggravated Robbery a Male POI runs from the scene and was described by the victim as wearing a unique piece of clothing. Police subsequently stop and search a male wearing said unique clothing and police locate the proceeds of the offence on his person. This occurs within minutes of the
offence and the POI states “I just found the property on the
floor”. Given the circumstances, and the POI’s explanation it is reasonable to presume the POI is the thief or guilty receiver.

Question 22

You conduct a lawful search of a car as a result of your reasonable cause to suspect that stolen property is in the
vehicle.

During the search you locate a DVD Player with the serial
numbers ground off. You are able to determine through a COPS check that the DVD Player was stolen from a Break,
Enter and Steal a month ago.

When questioned the driver states he ‘got it off a mate’ and he did not know it was stolen.

When conducting your questioning in relation to the
Goods in Custody offence what should you keep in mind?

Answer 22

◾ Attach suspicion to the goods and not the person.
◾ Find out all you can about the property, i ts condition, its value, whether the serial numbers have been removed , is i t still in i ts original packaging.
◾ Question the person at length about the circumstances
surrounding their acquisition of the property: where they obtained
it, from whom, how much they paid for it, if they knew the seller,
whether a receipt was issued, how much they think i ts worth.
◾ Make a list of all grounds, which a reasonable person might suspect the property to be stolen or otherwise unlawfully
obtained. Depending on the circumstances these might include, the person bought i t in a hotel, the person bought i t for a price well
below the retail value, the property was bought from an unknown
person or no receipt was provided, serial numbers have been removed.
◾ Brainstorm appropriate questions with your colleagues prior to interviewing the suspect.
◾ Ensure that your interview is a thorough one
◾ You need to establish facts exist which would lead a reasonable
person to believe the property is stolen or unlawfully obtained.
◾ You need to prove the person was aware of the existence of
those facts at time the property was in their custody.

Question 22

What is the Doctrine of Recent Possession?

Answer 22

The doctrine of Recent Possession is a legal doctrine that provides circumstantial evidence against an accused person who is proven to have, or have had possession of property which can be shown by evidence to have been stolen, and that possession is recent to the time of theft , and the offender fails to offer a credible explanation for
their possession of the property, then a jury is entitled to draw the conclusion from the offenders unexplained possession of
the goods that the person is either the thief or the guilty
receiver.

Bruce v R (1987) 74 ALR 219

Question 23

What is the defence to a charge of Goods in Custody charge?

Answer 23

• A person has a defence to a goods in custody charge if they can satisfy the court on the balance of probabilities:
• They had no reasonable grounds for suspecting the property was stolen or unlawfully obtained
• Do not wait until the case is before the court to deal with the defence; turn your mind to it at the time of questioning.

Question 24

How do you satisfy the Doctrine of Recent Possession? (i.e. What must you prove)

Answer 24

◾ The Identity of the offender is known
◾ The offender had knowledge of possession of the goods
◾ The offender had knowledge of the nature of the goods
◾ The offender does not offer a credible explanation as to how they obtained the goods (any explanation must be tested)
◾ The recency of possession (which is assessed case by case)

In regards to Recent to the theft, there is no specific time period that applies. However, officers should consider, the
length of time, distance from location of theft, the uniqueness
of the property, whether sufficient time had passed for the
thief to dispose of the property, and any explanation offered by
the accused.

Question 25

A break, enter & steal is committed upon a house in your LAC. Proceeds of the offence are a T V, DVD Player, Surround Sound System and numerous Movie DVDs and Music CDs. A red Holden Commodore sedan with white mag wheels was seen by a neighbour leaving from the rear access lane near the house with 2 male occupants.

You observe and stop a car matching the description of the suspect vehicle half an hour after offence. Whilst questioning the driver you notice what appears to be a TV lying on the back seat of the car,
partially covered by a blanket. You proceed to search the vehicle and locate the DVD player, surround sound system, five speakers and many DVDs & CDs in the boot of the car.

The driver of the car will not offer an explanation for how he came into possession of the goods or who the owner is. You can positively identify the goods were stolen from the break, enter & steal from a licence number engraved into the back of the T V, DVD and Surround System.

What would be the best course of action for this scenario?

Answer 25

◾ I would seize the stolen goods under section 36(3)(a) of the Law Enforcement (Powers & Responsibilities) Act 2002.
◾ I would arrest the occupants and interview them in relation to the Break Enter and Steal. I would subsequently charge the offenders with Aggravated Break and Enter Commit SIO under 112(2) of the Crimes Act 1900.
◾ If forensic material was obtained from the scene, I would consider taking Forensic Procedures from the offenders to test against material obtained from the scene.

Question 26

You arrest a person who has a large quantity of cash that you believe are the proceeds of crime. You decide to charge the person under section 193C of the Crimes Act 40/1900.

Cite five reasons why you would prefer a charge under this section, as opposed to a more conventional Charge of Goods In Custody 527(C)(1) of the Crimes Act 40/1900?

Answer 26

Reasons include:
1. This section requires a reasonable suspicion that the property
is the proceeds of crime ( The property is Substantially derived or realised, directly or indirectly by any person from the commission of an indictable offence).
2. There is a reverse onus on the defendant to prove as a defence
that there were no reasonable grounds to suspect the property was substantially derived from offence against an act.
3. Proof of the defendants onus is based on the balance of probabilities
4. Gaol term is 3 years, as opposed to 6 months for Goods in
Custody
5. The Fine is 10 times that of Goods in Custody ( $ 5 , 500 vs $550)
6. There is a tracing provision ( Doesn’ t have to be the exact
property derived from the offence) – including electronic funds, new cars, houses, i tems purchased as a result of the offence.
7. No need to specify the type of offence or location / jurisdiction
8. Offence works for property transferred electronically

Question 27

You have been tasked with preparing an application for a search warrant.

What information should be included in the
application?

Answer 27

The information should be sufficient and pass the test of integrity:

• Information must be detailed and relevant.
• Information must be accurate.
• Intelligence should be timely.
• Accurate description of the subject ‘thing’ and how it is connected with the alleged offence
• The scope of the proposed search
  * Particular areas to be searched e.g. grounds, structures, internal, exterior, or entire curtilage
• If subject ‘thing’ is secured in safes or the like.

Question 28

What are the 13 Steps for any Search Warrant?

Answer 28

1. Complete Risk Assessment
2. Comply with Human Source Management Policy
3. Identify need for STR (Complete RA)
4. Prepare Operational Orders
5. Obtain Authority & Consult the PAC
6. Send Documents to STR
7. Brief Search Warrant Participants
8. Re- Brief the search warrant participants (If required)
9. Execute the Search Warrant
10. Participants to execute post warrant duties
11. Complete SITREP
12. Debrief the Search Warrant Participants
13. Complete COPS event with a search warrant incident.

STEPS 1 – 6 Not required in Urgent Circumstances

Question 29

You have been appointed as the case officer to run the execution of the warrant.

What roles are performed when conducting a
search warrant?

Answer 29

Roles Conducted during Search Warrants:
◾ Case Officer
◾ Independent Observer
◾ Searching Officer
◾ Exhibits Officer
◾ Video Operator
◾ Operation Commander
◾ Entry Team Leader (STR)
◾ Safety Check Officer

Question 30

With respect to the execution of a search warrant, what is the role of the Case Officer?

Answer 30

Case Officer
* Allocate roles to all personnel ensuring the roles are understood.
* Create Operational Orders.
* Ensure the all appropriate contingencies are considered
* Conduct a Risk Assessment.
* Identify and collect resources.
* Conduct a Review on all operations.
* Generally the case officer is the Warrant Holder

Question 32

With respect to the execution of a search warrant, what is the role of the Independent Officer?

Answer 32

Independent Observer
* Must be a Substantive Sergeant or a person of equal experience.
* Generally the Independent officer is a Duty Officer
* Ensures fairness during warrant.
* Is not connected to the investigation being conducted
* Can act as a custody manager in the field where required

Question 33

With respect to the execution of a search warrant, what is the role of the Searching Officer?

Answer 33

Searching Officer
* Locate items of interest and leave them in situ for recording.
* Maintain security and preserve the scene.
* Ensure proper exhibit handling i.e. changing gloves on each
item located
* Conduct the role in an ethical and professional manner.
* Have the ability to assume role of Case Officer should need
arise
* Have a systematic and methodical approach to the searching of the premises to ensure items are not missed.

Question 34

With respect to the execution of a search warrant, what is the role of the Exhibits Officer?

Answer 34

Exhibits Officer
* Ensure all necessary equipment is ready and available.
* Accurately record the seizure of all exhibits and have those items endorsed by Independent officer.
* Prepare a scene plan and record exhibit location position.
* Ensure integrity of all exhibits by labelling, packaging & retaining them.
* Ensure all exhibits have been photographed and video taped
in situ.
* Allow the occupier to view and sign the Exhibit Property Seizure Log. Provide them with a copy of the form.

Question 35

With respect to the execution of a search warrant, what is the role of the Video Operator?

Answer 35

Video Operator
* Ensure that each item is photographed/ filmed in situ as they are found.
* Maintain the integrity of the recording so that there is a chain of continuity for all actions conducted by police.
* Entry of Recordings as Exhibits
* Ensure that the recording of the warrant is appropriately downloaded and preserved.

Question 36

With respect to the execution of a search warrant, what is the role of the Operation Commander?

Answer 36

Operation Commander
◾ Sergeant or Duty Officer
◾ Must be available or present at the time of execution
◾ Overseas the entire operation across all phases
◾ Reviews and checks accuracy of operational orders and risk assessment.

Question 37

With respect to the execution of a search warrant, what is the role of the STR Team Leader?

Answer 37

Entry Team Leader
◾ To safely and tactically execute the operation in accordance with the approved operational orders.
◾ To ensure the safety of the entry team members
◾ To thoroughly brief and plan the entry method
◾ To ensure the entry team are appropriately equipped for the entry.

Question 38

With respect to the execution of a search warrant, what is the role of the Safety Check Officer?

Answer 38

Safety Check Officer
◾ Safety Officer checks equipment required for the operation.
◾ Ensures the appropriate personal protective equipment is available and used.
◾ Ensure search warrant kits are complete with required items
◾ Identifies any risks associated with the proposed task or Op Orders and take immediate action to address those risks
where applicable.

Question 40

As an investigator, you execute a search warrant and seize a number of exhibits.

What procedures need to be followed in relation
to the exhibits from detection to disposal?

Answer 40

◾ Ensure continuity of possession is maintained at all times.
◾ Complete the** Property Seizure Book** / Field Exhibit Book (PAB52) as each item is located.
◾ Photograph the exhibits (preferably in situ and prior to
bagging)
◾ Package and seal items separately, sign and label correctly.
◾ Ensure the occupant signs the Property Seizure Book /
Field Exhibit Book along with the independent officer.
◾ Provide the occupant with a copy of the seizure log.
◾ If further examination required ensure packaging labelled appropriately.
◾ Have the exhibits booked into EFIMS and secured in the
exhibit room.
◾ Arrange forensic and other examinations as a priority.
◾ Retain exhibits for court purposes, or return exhibit to owner or dispose at the earliest opportunity.

Question 41

You attend the scene of a deceased elderly person at the request of the supervisor. The supervisor tells you the police found an elderly male deceased on the bed at the premises. No relative is present and no inquiries have been commenced. Upon further investigation you establish there are no suspicious circumstances. For non-suspicious circumstances police have certain actions and responsibilities for coronial matters.

What are the actions and responsibilities?

Answer 41

• Do NOT assume the death is the result of natural causes until a doctor certifies it is.
• Make inquiries with family, neighbours etc. to
  determine when last seen alive.
• Notify Forensic Services Group (they will determine their attendance)
• Arrange for government contractors to attend.
• Search the body at the scene in the presence of the supervisor.
• Search the premises for identification, medical prescriptions/medications and any personal valuables. Make detailed notes of the clothing of the deceased and the position of the body.
• If possible organise for a family member or appropriate person to attend.
• Make inquiries about the deceased’s doctor and whether that doctor has seen the deceased within the last 6 months and is willing to issue a Death Certificate (indicating the medical cause of death).
• If a Doctor will issue a Death Certificate, then the body may be released to Funeral Directors. If NO Death Certificate will be issued, the body will always be admitted to the Morgue and the death reported to the Coroner.
• Where possible hand over any valuables personal items to a family member or appropriate person. Record in your notebook, have the person sign as receipt.
• Attend and arrange with government contractors to transport the deceased to a hospital or for a medical practitioner to pronounce life extinct.
• Obtain a Certificate Pronouncing Life Extinct.
• Take any items from the deceased and complete an entry in your notebook.
• Complete a COPS entry and P79A Form
• Return to the police station and enter any property or exhibits into EFIMS.
• If the deceased relative/next of kin resides in your LAC, attend the residence to deliver the death message. If not organise other police to attend.
• Enquire if the relative/next of kin wishes to identify the deceased.Make arrangements or advise the morgue of their wishes.
• Organise for the relative/next of kin to attend to the police station to collect and sign for the property.

Question 42

You are an investigator on duty when a death is reported.

What categories of deaths require a Mandatory Notification to the Coroner?

Answer 42

Mandatory Notification to the Coroner required for a death in
NSW which occurs:
* Violently or unnaturally .
* Suddenly, cause unknown.
* In suspicious or unusual circumstances.
* Where no cause of death certificate is issued.
* Six months since doctor has seen the deceased .
* The person died in circumstances where the person’s death was not the reasonably expected outcome of a health -
related procedure carried out in relation to the person
* While in police or other lawful custody.
* While escaping or trying to escape from police or lawful custody
* During the course of police operations .
* While in, or temporarily absent from, one of the following; a
hospital; a residential child care centre; a detention
centre; a prison; a residential centre for handicapped
persons.

Question 43

What powers are available to police within the Coroners Act in terms of examining crime scenes? under section 43 of the Coroners Act 1980

Answer 43

(1) A police officer or other person may, in accordance with this Chapter and a coronial investigation scene order, exercise the following functions at, or in relation to, a coronial investigation scene—
(a) direct a person to leave the coronial investigation scene or remove a vehicle, vessel or aircraft from the coronial investigation scene,
(b) remove from the coronial investigation scene a person who fails to comply with a direction to leave the coronial investigation scene or a vehicle, vessel or aircraft a person fails to remove from the coronial investigation scene,
(c) direct a person not to enter the coronial investigation scene,
(d) prevent a person from entering a coronial investigation scene,
(e) prevent a person from removing evidence from, or otherwise interfering with, the coronial investigation 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 coronial investigation scene,
(g) perform any necessary investigation, including, for example, search the coronial investigation scene and inspect anything in it to obtain evidence in relation to the inquest or inquiry,
(h) for the purpose of performing any necessary investigation, conduct any examination or process,
(i) open anything at the coronial investigation scene that is locked,
(j) take electricity, gas or any other utility, for use at the coronial investigation scene,
(k) direct the occupier of the place or a person apparently involved in the management or control of the place to maintain a continuous supply of electricity at the place,
(l) photograph or otherwise record the coronial investigation scene and anything in it,
(m) seize and detain all or part of a thing that might provide evidence in relation to the inquest or inquiry or provide evidence of the commission of an offence,
(n) dig up anything at the coronial investigation scene,
(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
(p) take possession of the remains of a deceased person on behalf of the coroner, including body tissue, clothing and items apparently in the possession of the deceased person,
(q) remove or cause the removal of the remains of a deceased person to any location nominated by the coroner,
(r) any other function reasonably necessary or incidental to a function conferred by this section.

Question 44

There are a number of defences to an allegation of assault.

Explain them with an example of each

Answer 44

BASHMACK
**B **– Taking blood samples/forensic procedures etc
A – Lawful arrest, execution of physical force (S.99 LEPRA)
S – Self-defence and defence of family (S.418 Crimes Act
1900)
H – Defence of home or property (S.418 Crimes Act 1900)
S – Sports permissible within the rules of the game (Assaults that are either authorized, justified or excused by law)
M – Medical exam of persons in custody (S.138 LEPRA)
A – Accidental use of physical force
C – When consented to (except when it causes ABH or GBH)
K – Lawful chastisement/ lawful correction (S.61AA Crimes
Act 1900)

Question 45

A male arms himself with a baseball bat and approaches a person on the street. The male knows this person and has hated him for years. He hits him several times with the baseball bat, screaming out
‘I’m going to bust you up bad’. He succeeds and the victim requires an operation in which several metal plates are inserted into his arm.

What is the most appropriate offence with which to charge the offender? Is this deliberate/actual or a reckless intent?

Answer 45

\The correct offence would be Wounding or Grievous Bodily Harm with intent ( Section 33 , Crimes Act 1900 )

Note: For a Section 33 offence, intent can only be actual/ deliberate.

In this scenario, he has clearly done more then merely contemplated
the GBH (evident by number of strikes and his words spoken).

Despite this, Subsection 33 ( 3 ) outlines the Alternative verdict If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 35 ( Reckless
Wounding), the jury may acquit the person of the offence charged and find the person guilty of an offence against section 35 .

The only difference is that instead of intentionally causing GBH, the person causes GBH by being reckless as to ABH.

Question 46

You are requested to investigate a break, enter and steal offence where a 12 year old male has been arrested coming from a premises with a DVD player, the proceeds of the offence.

The male has been brought to the police station and a short time later his mother attends the police station. An ERISP interview takes place and you are the lead interviewer. Due to the age of (12 years) the issue of Doli Incapax is in play.

What is Doli Incapax?

Answer 46

Section 5 of the Children ( Criminal Proceedings) Act 1987 provides for an irrebuttable presumption a child under the age of 10 years cannot commit a criminal offence.

From the age of 10 to 14 years the common law provides for a
rebuttable presumption that a child cannot possess the knowledge
to have a mens rea i . e., the intent necessary for a criminal offence.
The presumption is known as doli incapax.

Note that, in relation to children aged between 10 and 14 years, doli
incapax is a rebuttable presumption, meaning a child aged between 10 and 14 years can be guilty of a criminal offence upon proof beyond
reasonable doubt that, at the time the child committed the offence alleged, they knew that what they were doing was seriously wrong ( as opposed to merely mischievous or naughty) .

R v CRH ( Leading Authority on Doli Incapax) C v DPP ( Outlines the Test to be used)

Question 47

Summarise the leading case for Doli Incapax within NSW

Answer 47

R v CRH (Leading Authority on Doli Incapax)
C v DPP (Outlines the Test to be used)

The test can be summarized as follows:
◾ The prosecution must rebut the presumption of doli
Incapax as an element of the prosecutions case
◾ The child knew the act was seriously wrong as opposed to naughty
◾ The evidence relied upon by the prosecution must be
strong and clear beyond all doubt or contradiction
◾ The evidence to prove the accused’s guilty knowledge
cannot rely on the horrific nature of the act
◾ The older the child is the easier it will be for the prosecution
to prove the guilty knowledge.

Question 48

Given the previous scenario, how would you rebut the doctrine of Doli Incapax?

Answer 48

By asking the child, “ did you know at the time what you were doing was wrong?” If they respond ‘Yes”, this in i tself may not be enough to rebut Doli Incapax. More questioning will be required to rebut the
presumption of Doli Incapax.

The investigator will need to try to establish they knew that what
they did was seriously wrong and punishment would be more than just punishment by their parents ( eg: they knew they would get into trouble with police). Ask them questions to determine their
understanding of right, wrong and what a crime is.

• “Did you know that it is wrong to (allegation)?”
• “What made you think it was wrong?”
• “When you (allegation), did you think something would happen to you if you were seen?” (If the answer to this question is “Nothing”, ask, “Why do you say that?”)
• “What did you think would happen?”
• “Who did you think you would be in trouble with?”
• “Do you know what a crime is?” “What is a crime?” “When you (allegation), did you think it was a crime?” “What do you think happens to people who commit
  crimes?”
• If the child denies the offence, put the allegation to them and invite comment eg, “Do you think it would be wrong to (allegation)?” “Do you think something would
  happen to you if you (allegation)?” “What do you think would happen?”

Question 49

You and your partner attend a report of an assault in an alley between two housing estates. The victim and a witness provide you with a description of the male offender. An hour later, whilst patrolling the same area, you locate a male matching the description given earlier. You speak with the male and locate on his person a credit card in the name of the victim. He refuses to say anything in relation to the credit card. You arrest the male and convey him to the Police Station.

What are the three considerations when deciding
on whether or not to conduct an identification parade?

Answer 49

1. If you suspect someone whose identity is known to you has committed an offence and identity is an issue;
2. Suspect is willing to participate in identification parade
3. It is appropriate to hold an identification parade considering fairness to the suspect

Question 50

Considering the same scenario, when would you NOT conduct an identification parade?

Answer 50

• Suspect refuses to take part;
• Suspects appearance is significantly different
  from what it was at the time of the offence;
• Suspect’s appearance or manner is so unique it
  would be unfair for participation in a parade;
• Minor offences where the importance of identification evidence is limited;
• Suspect is personally known to the witness;
• Witness is unwilling to identify suspect in ID parade.

Question 51

What are some critical issues in regards to identification procedures?

Answer 51

• Visual ID (Photographic or otherwise) may be inadmissible
  unless an ID parade is conducted or valid reasons exist not to do so (Section 114 Evidence Act 1995 )
• Consider defences such as contamination of witnesses or collusion;
• Documents associated with ID parades must be treated as
  exhibits;
• Investigating Police are to have no part in conducting the ID parade;
• Do not conduct ID parade if suspect under 18 unless
  suspect agrees or requests in writing for one to be conducted and responsible adult agrees in writing;
• Stop the ID parade if suspect no longer wants to participate or fails to cooperate ;
• All details re ID parade to be recorded in notebook or appropriate forms;
• Inconvenience is NOT a reason for failure to hold an ID parade.

Question 52

You are an investigator on duty when you receive information about the existence of a Drug Premises in your LAC.

What is the definition of a Drug Premises and under what circumstances would you apply for a warrant utilising this legislation?

Answer 52

**“drug premises” means any premises that are used for either or both of the following:

(a) the unlawful supply or manufacture of prohibited drugs ,
(b) (b) the unlawful cultivation of prohibited plants by
enhanced indoor means.

Section 139 of LEPRA 2002

Considerations
◾ Involving drugs other than Cannabis leaf, oil or resin .
◾ Observations of people coming and going and appear drug effected.
◾ Syringes or drug paraphernalia found lying around the premises.
◾ Premises modified / fortified preventing access to premises.
◾ Premises have security devices, alarms, warning lights.

Question 53

Given the same scenario?

Where do police have the power to apply for a drug search warrant outside of section 47 of LEPRA?

Answer 53

Section 140 of LEPRA – Issue of search Warrant for Suspected Drug Premises

◾ (1) A police officer who is in charge of an investigation into
the suspected use of premises as drug premises may apply to an authorised officer for a search warrant in respect of the premises if the officer has reasonable grounds for believing that the premises are being used for the unlawful supply or manufacture of any prohibited drug or the unlawful cultivation of prohibited plants by enhanced indoor means.

◾ (2) An authorised officer to whom such an application is
made may, if satisfied that there are reasonable grounds for
doing so, issue a search warrant authorising any police officer to enter and search the premises

Question 54

What other powers and offences are available to police when a Drug Premises Warrant is granted?

Answer 54

Section 141 LEPRA
◾ ( a) Pass through, f rom, over or along any other land or building for the purpose of entering the premises, and
◾ ( b) Break open doors, windows or partitions, and
◾ ( c) Do such other acts as may be necessary.

Section 142 LEPRA
◾ ( a) Search any person on the premises, and
◾ ( b) Arrest or otherwise proceed against any person on the premises, and
◾ ( c) Seize and detain any f i rearm or other thing found on the premises that the
police officer has reasonable grounds for believing is connected with an offence, and
◾ ( d) W i thout l imiting paragraph ( c), seize any prohibited drug, prohibited plant and money found on the premises and any syringe or other thing that is kept or used
in connection with, or that relates to, any activity prohibited by or under the Drug
Misuse and Trafficking Act 1985 , and
◾ ( e) Require any person on the premises to disclose his or her identity.

Offences
Section 36 X DMTA - Offence of entering, or being on, drug premises.
Section 36 Y DMTA - Allowing use of premises as drug premises – owner or
occupier.
Section 36 Z DMTA - Offence of organising a drug premises.

Question 55

During your shift you had reason to stop and search a vehicle which had four occupants on board. Under the front passenger seat you found a loaded semi- automatic pistol. All occupants refused to answer any questions relating to the firearm.

What inquiries and forensic examinations to assist with the investigation could you arrange to be conducted on the seized firearm?

Answer 55

Firearms may be examined with regards to:

• Check indices (ILS Index) for registration.
• Tracing serial number through FRICS/IBIS
  (Firearms & Regulated Industries Crime Squad)
• Ballisticexamination.
• Fingerprint examination.
• DNA examination
• Metallurgist including recovery of serial number (Specialists in Metal Recovery)

Question 56

You are called to attend a toilet block in a local park within your LAC. Located within a toilet cubicle is a deceased 35 year old male. The deceased is hanging by a rope, tied in a noose around his neck from a roof beam. Located on the floor adjacent to
the deceased’s wallet is a `suicide note’. Detectives and Forensic Service Police attended, examined and recorded the scene.

What are the evidentiary requirements, that is, what is needed in your brief when preparing a brief of evidence for the Coroner?

Answer 56

◾ Obtain statemen ts from Police witnesses, civilian witnesses & next of kin (NOK).
◾ Preserve the suicide note intact and retain i t as an exhibit. The suicide note
remains the property of the Coroner. Copies of the suicide note are not to be given
out without permission f rom the Coroner. Forward the suicide note with the brief of evidence.
◾ Gather evidence on behalf of the Coroner as to circumstances of the death , including the time of death , location of death, identity of deceased and
cause/ manner of death.
◾ Records of the location and possible** relevance of any medication / drugs found** .
◾ Enquire as to whether the NOK requires an inquest . Indicate this in your brief of evidence and also in your statement as OIC.
◾ As OIC of the matter your statement needs to be very detailed and comprehensive . Your statement should summarise all evidence available regarding the matter, to provide an overall picture for the Coroner. You must, most importantly , include your opinion as to the cause of the death.
◾ Both hearsay and opinion evidence should be included in statements in a brief of evidence for the Coroner ( provided i t is relevant to the facts of the matter) and may be admissible in Coroners Court.
◾ All conversations should be recorded contemporaneously. Remember you are the eyes and ears of the Coroner. The more detail you observe, the greater the descriptions you can provide to the Coroner as their investigating agent.
◾ In the brief of evidence include photograp hs and sketches of the scene, statements from civilian and police witnesses.
◾ If you require specialist advice contact the Coroners Liaison Unit, your local Coroners Liaison Officer, Criminal Investigators, Supervisor or Duty Officer.

Question 57

Outline the Fire Investigation Checklist

Answer 57

Scene Checklist
◾ Cause and origin of the fire
◾ Description of damage and value (>$500k)
◾ Any evidence of forced entry
◾ Any smell of trace or accelerant
◾Identify witnesses/CCTV
◾ Locate owner/occupier preceding and at the time of the fire
◾ Preserve evidence – establish crime scene
◾ Contact FSG to attend

Question 58

You receive a Subpoena to produce documents.
Once you have gathered the documents, you should review them to consider whether a claim of Public Interest Immunity should be made to any part of the material.

List the categories of immunity that could be claimed against the information documents or things that have been subpoenaed?

Answer 58

Things that deal with:
* Deal with National Security
* Contain sensitive police intelligence
* Disclosing the identity of a police informer , witness or a community source
* Disclose the identity or whereabouts of a witness (including witnesses and their families under the protection of the Witness Security Program which is immune
from disclosure by Statute)
* Disclose the identity of an undercover operative ( also immune f rom disclosure)
* Disclose the identity of a participant in a Controlled Operation
* Disclose the location of covert police premises or a surveillance site.
* Reveals Police methods, equipment or techniques not known to the public
* Documents containing details which i f they became publicly known, might facilitate the commission of other offences or allow offenders to avoid
detection .
* Any statements provided only on the condition that the contents would not be disclosed.
* Relate to an ongoing investigation and jeopardise the safety of participants in those investigations
* Might create a risk of domestic strife by encouraging the commission of offences against the laws of the State
* Would affect the security, discipline or good order of a correctional centre
* Discloses the sexual history of complainant or witness
* Other agencies materials i . e. ASIO, AFP, FBIetc

Question 59

You are in the field and you encounter a person whom you may wish to utilise as a registered source. In the process of explaining the limitations upon the source relationship you explain to the source he may have to make a form of acknowledgement in respect of him being a “source”.

List the five condition items in the Acknowledgement of Conditions Form to be signed by Sources:

Answer 59

1. The source’s relationship with the NSW Police in the
   gathering of information will not protect the source from prosecution if they commit a willful act
2. The responsibility of the NSW Police extends only to
   the acts by the source which are expressly authorised
   by the Police
3. The NSW Police will make every effort to protect the source’s identity as a Source during the course of Court Proceedings, however, the source needs to understand the court may exercise discretion and disclose the source’s identity.
4. As a Source the Source is not an agent or employee of
   the NSW Police
5. The restrictions placed upon the contact regime with the Handler/s have been explained to me

Question 60

What are the three types of sources?

Answer 60

1. Principal
2. Access
3. Eyes and Ears

Question 61

What are the three types of source registration and what are the two type of source recruitment?

Answer 61

Types of Registration
1. One off Registration
2. Ongoing Registration
3. Dual Registration (Can only be approved by Source Management Unit).

Types of Recruitment
1. Active
2. Volunteered

Question 62

Explain the Human Source Management Process?

Answer 62

Step 1: Recruitment (Active or Volunteered) Step 2: Assessment
Step 3: Registration (One off, Ongoing or dual)
Step 4: Association (Document in contact advice report)
Step 5: Evaluation (Deactivation or Keep Active) Step 6: Benefit Provision (Sustenance and
Assistance or Reward)

Question 63

You arrest an offender for possessing a large quantity of prohibited drug. The offender is prepared to give you information that will help identify the supplier of the drug. You decide that the offender can assist your investigation and you register him as a Source.

Explain the process of registering the Source and the considerations involved.

Answer 63

• Conduct Risk Assessment.
  * Identify Source motivation (eg. reward / assistance / revenge).
• Explain relationship and reward aspects to Source.
• Arrange Supervisor meeting with Source.
• Have Source sign Acknowledgement of Conditions and scan onto system.
• Register Source on system, including initial meeting.
• Consider the roles of Handler, Co-Handler, Controller and Senior Supervisor.
• Consider and also explain to the Source that the Source
  cannot become involved in criminal activity without
  coverage of a Controlled Operation Authority.

Question 64

The Source’s assistance results in a number of significant arrests. The Source now asks for assistance or a reward, or both.

What type of assistance or reward is available and how are they obtained?

Answer 64

• Monetary reward by application to REAC (Reward Evaluation Advisory Committee) through the Source System, taking into account other assistance already provided and working expense monies already paid to the Source.
• Affidavit of Assistance prepared for a sentencing court or letters of support for external agencies such as the department of housing. Assistance is submitted and approved through a Local Area Commander or Squad Superintendent, strictly confined to details of the assistance provided by the Source.

Question 65

You are the only person in the Detectives’ Office and the Custody Manager is not available at this present time. Police arrest a person whom they believe to may have acted in concert with others to commit a serious crime against a third party. As you know when a person is in custody there are certain obligations to be met with respect to that person’s custody. Those rights may be delayed in certain circumstances.

Outline circumstances when the rights may be delayed

Answer 65

Section 125 of LEPRA explains that a custody manage may delay certain rights under Part 9 if they reasonably suspect it will lead to:

◾ An accomplice will avoid arrest
◾ Evidence will be concealed, fabricated, destroyed, lost, or witnesses tampered with.
◾ Recovery of person or property will be hindered
◾ Bodily injury will be caused to another person

Remember, that you can only delay rights for as
long as reasonably necessary and in any event the right to obtain legal advice cannot be delayed.

Question 66

You arrest a person and take that person to a police station where the Custody Manager enters the person into custody.

Explain your knowledge of where you get the power to detain the person after arrest?

Answer 66

Section 114 of Law Enforcement (Powers and
Responsibilities) Act 2002 - allows for a person to be detained for the purposes of investigation.

(1) A police officer may in accordance with this section detain a person,
who is under arrest, for the investigation period provided for by section 115 .
(2) A police officer may so detain a person for the purpose of investigating whether the person committed the offence for which the person is
arrested.
(3) If, while a person is so detained, the police officer forms a reasonable suspicion as to the person’ s involvement in the commission of any other
offence, the police officer may also investigate the person’ s involvement
in that other offence during the investigation period for the arrest. It is
immaterial whether that other offence was committed before or after the commencement of this Part or within or outside the State.
(4) The person must be:
◾ ( a) released ( whether unconditionally or on bail) within the investigation period, or
◾ ( b) brought before an authorised officer or court within that period, or, i f i t is not
practicable to do so within that period, as soon as practicable after the end of that period.

Question 67

Explain your knowledge of how long you can detain the person and what things (‘time outs’) may have an impact on the time you detain the person?

Answer 67

Section 115 of the Law Enforcement ( Powers and Responsibilities) Act 2002 -
period that begins when the person is arrested and ends at a t ime that is
reasonable having regard to all the c i rcumstances, but does not exceed 6 hours
unless extended by a detention warrant.

Section 117 of Law Enforcement ( Powers and Responsibilities) Act 2002 outlines certain t imes to be disregarded in calculating investigation periods;
a. Conveying the person to the station;
b. Waiting for people with particular knowledge of the investigation etc;
c. Waiting for facilities compliant with S 281 Criminal Procedure Act e. g. ERISP room to become available;
d. To allow the person to communicate with Friend, Relative, Legal Rep, Etc.
e. To allow friend, relative, etc to attend the station ;
f. To allow the person to consult with friend , relative etc..;
g. To arrange for and to allow the person to receive medical attention ;
h. To arrange for the services of an interpreter ;
i. To allow for an identification parade ;
j. To allow the person to rest or receive refreshments etc..;
k. To allow the person to recover from the effects of intoxication etc..;
l. To prepare etc. for a detention w arrant or search/ crime scene warrant ;
m. To charge the person.
n. To conduct a forensic Procedure or make application for said procedure
o. To obtain breath test, blood/ urine sample under Division 4 Part 10 .

Question 68

You have arrested a suspect for an indictable offence and
conveyed him to the Police Station for processing. Due to the nature of the offence you carried out a non-intimate forensic procedure on the suspect. Several months later the matter will be heard in the District Court as a result of a plea of not guilty.

One of the major challenges in court is the successful police use of DNA evidence in the capacity of police to prove continuity. DNA kits have been designed to be tamper evident, however you must nevertheless show that the DNA evidence you have given is?

Answer 68

• Properly taken in the first instance
• Correctly identified and labelled
• Ensure that part of the material is made available to the suspect as soon as practically possible.
• Properly stored and transported to the Forensic and
  Analytical Science Service (FASS) laboratory ( within five
  days)
• Properly analysed by the analytical laboratory
• Correctly certified and matched to the correct person and,
• Not tampered or interfered with by any person in any way
  during this process
• Ensure that a copy of the forensic analysis results is made available to the suspect within 90 days after the results
  are available.
• If doing so would prejudice the investigation, the results
  must only be made available a reasonable time before
  evidence of it is cited in any prosecution of the suspect for the offence.

Question 69

When introducing DNA evidence to a suspect, it’s important not to tell the suspect that their DNA was found at the crime scene. The evidence should be introduced on the basis that there has been a match between the suspect’s DNA and DNA found at the crime scene.

What is the recommended approach to interviewing a suspect in relation to a DNA “match”?

Answer 69

1. Tell the suspect that DNA w as found at ( place) on ( date) by police in relation to an offence (state offence) which occurred at/ between (time and date).
   E . g . : “ DNA has been found on (state where and on what the DNA was found, for example on clothes, a weapon, a broken window, a cigarette butt or drinking vessel at the crime scene or on a victim). Do
   you understand that?”
2. Tell the suspect that the DNA evidence w as taken to the Division of Analytical Laboratories for analysis and profiling.
3. Tell the suspect w hether or not there has been a match between the DNA found at the crime scene and the suspect’ s DNA.
   E.g . : “I have been informed that chance o f a person taken at random from the population matching the DNA profile is 3.1 million to one. I am also in formed you m a t ch t he DNA profile.”

Note: Do not tell the suspect that he or she has been identified by the
offenders’ index on the DNA database ( I . E. PREJUDICIAL)

4. Ask questions that establish the suspect understands what you have said.
5. Ask the suspect to comment on the information.
   Eg : “ I believe t hat t h i s DNA matches your DNA. Do you under stand t hat? Can you explain t o m e how t h i s DNA cam e t o be on (insert item)?”

Evidence that the victim’ s DNA has been found on or in an i tem belonging to the
suspect, such as in a car, on c lothing or on the suspect may be introduced with the same approach being adapted for that purpose.

Question 70

You attend the scene of a break and enter on a retail store in your LAC and a security guard tells you he witnessed a
person he knows (a local adult criminal) run from the scene. You examine the scene and see blood on the ground outside the shop. After being provided the name and address of the suspect offender, you locate and arrest him.

You want to obtain a forensic sample from the suspect to
arrange DNA analysis against the blood found at the scene. You also want to take a photograph of the injury to show that it is an injury consistent with the crime scene.

What criteria need to be met to allow police to obtain a buccal swab and photograph?

Answer 70

• Suspect is under arrest.
• Suspect is alleged to have committed an
  indictable offence (Prescribed Offence).
• Suspect is an adult.
• Suspect gives informed consent to the procedure (Consider Section 7 and 9 of the Crimes Forensic Procedure Act).
• Consider Section 11, “There must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove the suspects involvement”.

Question 71

If the suspect were a Young Person (over the age of 10 years) what other criteria or considerations are involved?

Answer 71

◾ Suspect is under arrest.
◾ Suspect is alleged to have committed an indictable offence.
◾ Suspect under 18 cannot consent to Forensic Procedure.
◾ Application needs to be made to Authorised Justice
◾ Section 11 applies: Reasonable grounds the forensic
procedure might produce evidence tending to confirm or disprove that the child committed the offence
◾ The application is justified in all circumstances.

Question 72

You are on duty in the detectives’ office and a phone call is put through to you. The caller indicates he has just arrived home and has received a phone call on his home phone. He says the caller told him they have kidnapped his daughter (12 years old) and are demanding two hundred thousand dollars by 5pm tomorrow for her release. They will contact later with more details.

What are the critical issues you should consider for all kidnappings for ransom?

Answer 72

• Treat the call as GENUINE.
• Ensure at all times the police involvement stays COVERT.
• At all times the PRIMARY OBJECTIVE of the police is the
  SAFE RETURN OF THE HOSTAGE .

Question 73

What information should you seek from the victim?

Answer 73

• A line of contact, preferably separate to the one the call came in on i.e. mobile phone. This avoids tying up the phone the call came in on.
• When was the last time he saw/spoke to the hostage?
• Who has he told?

Question 74

What information should you give the victim?

Answer 74

Assurances that the police will treat his call as serious and urgent.

Give him a password so he knows any future calls
are genuinely from the police.

Advise him not to talk to anyone else or go anywhere until State Crime Command detectives have spoken him to. This will be very soon.

Question 75

What should you do as a priority?

Answer 75

◾IMMEDIATELY CONTACT the Robbery & Serious Crime Squad, State Crime Command, or the DOI after hours. This is MANDATORY.

◾ Inform your Duty Officer or Commander.

◾ Assume it is genuine.

◾ Do not discuss the matter with anyone else.

◾ NEVER ATTEND THE PREMISES OF THE VICTIM OR HAVE THEM COME TO THE POLICE STATION

◾ THE CONSEQUENCES OF ANY MISTAKES MAY BE THE DEATH OF THE HOSTAGE

Question 76

You are investigating a sexual assault.

When taking a statement from the victim what victim support issues should you consider?

Answer 76

◾ Consider Victim’s wishes regarding a male or female investigator to conduct the interview.
◾ The location and timing of the interview.
◾ That the victim’s privacy and anonymity are safeguarded.
◾ Cultural background of the victim.
◾ Support person being present during the interview.
◾ Advise victim of their right to a copy of the statement .
◾ Consideration of Protection Orders eg. ADVOs or APVOs

Question 77

What is the definition of sexual intercourse?

Answer 77

Section 61HA of the Crimes Act 1900

“sexual intercourse” means:
(a) sexual connection occasioned by the penetration to any
extent of the genitalia (including a surgically constructed vagina) of a female person or the anus of any person by:
(i) any part of the body of another person, or
(ii) any object manipulated by another person,
except where the penetration is carried out for proper
medical purposes , or

(b) sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person , or

(c) cunnilingus , or

(d) the continuation of sexual intercourse as defined in paragraph (a), (b) or (c)

Question 78

A child reports to you that they have been Sexually assaulted.

What are the procedures that you need to consider in the care and protection of the child?

Answer 78

• Immediately ensure the safety of the child or young person.
• Arrange urgent medical attention if required.
• Record relevant information and anything said by the child or young person in Official Police Notebook.
• Ensure you do not question or interview the child or young person unless appropriately trained.
  * Listen to any concerns that the child or young person may have and explain the role of police in protecting them.
• Consideration of Carer Involvement
• FACs Notification
• Consideration of Protection Orders eg. ADVOs or APVOs
• Contact Child Abuse Squad – State Crime Command where appropriate

Question 79

You respond to a call to attend a party at a house in your area. VKG inform you that a young female adult has been sexually assaulted outside this location in a motor vehicle by a male partygoer. When you arrive you observe two adult females sitting outside the house on the kerb. One of the females is crying and her clothes have been torn. The described vehicle is nowhere in sight.

As the first investigator what initial courses of action do you take next?

Answer 79

• Assess the victim’s safety and well being. Consider Support Person.
• Notify the Supervisor , Duty Officer, and any medical assistance required.
• If medical attention is urgently required, call for an ambulance to transport the victim to the nearest emergency hospital.
• If medical attention is not considered urgent, take the victim to a quiet comfortable private location.
• Treat the victim with respect and dignity at all times.
• Advise the victim of their right to have a sexual assault examination and the role of the Sexual Assault Service.
• Explain to the victim the importance of crime scene preservation and ask them not to eat, smoke, shower etc. The nature of the assault will
  determine what action you will take.
• Circulate the details of the offender / vehicle via VKG.
• Record in your notebook the victim’ personal details & any witness details
• Record all conversation had with the victim in first person , however do not commence questioning the victim at length. Make arrangements to take a statement from the victim at an appropriate time.
• Record observations relating to victims demeanour, intoxication etc.
• Record Suspect identification, vehicle description . ( Circulate descriptions i f sufficient)
• Record all actions taken at the scene

Question 80

Prior to the arrival of Crime Scene Examiners you must ensure correct crime scene preservation.

What guidelines should you follow?

Answer 80

Determine the nature and size** of the scene.
* Establish an **inner and outer perimeter** and define them with crime scene tape.
**Identify the scene entry point.
* Appoint Officers to stand guard at the outer and inner perimeter.
* Appoint an Officer as an Exhibit Officer.
* Advise Investigators and Crime Scene Examiners of any
information obtained and actions
* Treat the victims person and clothing as separate crime scenes
* Obtain witness details.

Question 81

Outline the circumstances of aggravation for a sexual assault offence as defined in Section 61J of the Crimes Act 1900

Answer 81

Circumstances of aggravation includes:
* ( a) at the t ime of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
* ( b) at the t ime of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
* ( b 1 ) at the t ime of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict grievous bodily harm or wounding on the alleged victim or any other person who is present or nearby , or
* ( c) the alleged offender is in the company of another person or persons, or
* ( d) the alleged victim is under the age of 16 years , or
* ( e) the alleged victim is under the authority of the alleged offender, or
* ( f ) the alleged victim has a serious physical disability , or
* ( g) the alleged victim has a cognitive impairment , or
* ( h) the alleged offender breaks and enters into any dw elling - house or other
building with the intention of committing the offence or any other serious indictable offence, or
* the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

Question 82

A woman brings a child to the station and asks to speak to the detectives. You are made available and you speak to the woman. The woman tells you her 7 year old son has been sexually assaulted.

What are the initial steps you would take in investigating this matter?

Answer 82

• Immediately ensure their safety and provide comfort and support
• Arrange urgent medical attention if required , the immediate health needs of the child should be addressed.
• Take them to a private area to maintain the privacy of the family.
• Ascertain from the mother what has happened ( not in the presence of the child) to lead her to believe her son was sexually assaulted, i . e. words spoken by the
  child, actions witnessed, or belief. Make notes in relation to what is told to you by the mother and anything said by the child.
• (An offence needs to be disclosed for CAS to investigate, however i f you speak to the child do not use leading, suggestive or closed questions i . e. questions that initiate a Yes/ No response. Keep questions to an absolute minimum)
• If offence disclosed create a COPS entry and notify FACs via helpline w ho in turn activate CAS.
• If difficulty encountered with contacting FACs, contact your local CAS and follow
  advice given.
• Do not interview the child about the offence without approval of CAS investigator as the child should be interviewed by a suitably trained officer. (If the offenders is still in the vicinity you may attempt to obtain information which will assist in the apprehending the offender)
• If the offence took place within the last 7 days the child will need to be medically examined/ SAIK completed.
  * Identify possible crime scene and child’s clothing (if relevant)
• Crime Scene to be examined – by permission or by crime scene/ search w arrant depending on premises

Question 83

A person within your LAC wishes to report a fraud.

Discuss the standing operating procedures for the acceptance of a report of fraud When the person attends your station to report the fraud?

Answer 83

• Create an event on COPS
• Include details of the allegation
• Include in the** narrative Fraud Assessment Form given**
• Write the event number on Fraud Assessment Form
• Advise them that they must complete the form before an investigation can be launched.
• Advise them to attach copies of supporting documents to the Fraud Assessment Form
• Explain it will be assessed by an Investigations Manager

Question 84

A person within your LAC wishes to report a fraud.

Discuss the standing operating procedures for the acceptance of a report of fraud when someone telephones your station to report the fraud?

Answer 84

• Give the caller the choice of either attending any police station convenient to them OR
• Send the caller a Fraud Assessment Form to
  complete and return OR
• Refer them to PAL where relevant.

Question 85

A person within your LAC wishes to report a fraud.

Discuss the standing operating procedures for the acceptance of a report of fraud when you receive the fraud report through the mail without a Fraud Assessment Form?

Answer 85

• Create an event on COPS

* Include the event number on the Fraud Assessment Form

• Return the report and any documentation with a Fraud Assessment Form to the person making the report

Question 86

A person within your LAC wishes to report a fraud.

Discuss the standing operating procedures for the acceptance of a report of fraud Where you receive a report of fraud that occurred outside your area?

Answer 86

◾ Take the report and create a COPS event

◾ If the matter needs to be sent to another station include this information in the COPS event narrative and give the victim the address of that location. Include this information on the Fraud Assessment Form so they can send it to the
appropriate LAC. (Complete Dissemination Action)

Question 87

You have received information that an offender wanted for a serious crime is living at an address within your LAC. You have been tasked with preparing a set of Operational Orders planning the arrest of the suspect.

Briefly describe the Operational Orders format (headings)?

Answer 87

Operational Orders are prepared in the T.S.M.E.A.C.
format:

• Topography
• Situation
• Mission
• Execution
• Administration and Logistics
• Command and Control.

Question 88

Where a search warrant is to be executed in exigent or urgent circumstances what risk appreciation factors should be considered in your snap orders?

Answer 88

Snap orders are informed by a dynamic risk assessment process which is preferably recorded. Considerations should include:

◾ Risk to Police
◾ Risk to Public
◾ Investigative Risks
◾ Community Risks

Question 89

What are some of the risk factors associated with the preparation of those orders you should consider?

(NOT OPERATIONAL RISK ASSESSMENT)

Answer 89

• Timings not clearly identified.
• Roles not clearly defined.
• Supervision not maintained throughout all phases of the operation.
• Contingency plans have not been considered to facilitate changes during the execution phase.
• Officer Safety and Occupational Health and Safety issues not given
  appropriate consideration.
• Duty of care for police officers and other persons not maintained .
• Inadequate measures to guarantee the security and accountability of documentation and appropriate restrictions on sensitive information .
• Critical information not checked for compliance, completeness,
  timeliness, acquittance, value and integrity.
• Material relied upon for the operation not checked for accuracy and recency. e. g. maps, directories, photographs etc.
• Inefficient or inappropriate application of resources used in the operation.
• Failure to check essential equipment intended for use during the operation.

Question 90

What can you tell me about a Police Officer’s Power of Arrest as outlined in Section 99 of LEPRA?

Answer 90

◾ Section 99 (1) (a) police officer may, without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and
◾ Section 99 (1) (b)
(b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons

F - Fleeing from police / scene
I - Identity of person to be established
N - Nature and seriousness of the offence
E - Evidence relating to the offence to be preserved , prevent fabrication .
C - Committing a not her offence or repeating offence
H - Harass mentor interference with witnesses
A - Appearance be fore the court to been sured
P - Property relevant to the offence to be secured
S - Safety and welfare of any person to be protected

◾ Section 99 ( 2 ) A police officer may also arrest a person without a warrant if directed to do so by another police officer.
◾ Section 99 ( 3 ) The arresting police officer or another police officer must, ASAP take the person who has been arrested under this section before an authorised officer to be dealt with according to law.
◾ Section 99 (4 ) A person who has been lawfully arrested under this section may be detained by any police officer under Part 9 for the purpose of investigating the offence
◾ Section 99 (5) This section does not authorise a person to be arrested for an offence for which the person hasal ready been tried.
◾ S e c t i o n 99 (6) For the purposes of this section , property is connected with an offence if it is connected with the offence with in the meaning of Part 5 .

Question 91

What can you tell me about the power of a Police Officer to require a person to provide their identity generally, as outlined in Section 11 of LEPRA?

Answer 91

◾ (1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred , whether before, when, or soon after it occurred.

◾ (2) A police officer may require a person whose identity is
unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in
accordance with Part 14 for the person to leave a place.

◾ NOTE: Part 15 Safeguards Apply

Question 91

What can you tell me about the power of a police officer to enter a premises to arrest a person
without a warrant as outlined is Section 10 of LEPRA?

Answer 91

◾ (1) A police officer may enter and stay for a reasonable time on premises to arrest a person, or detain a person under an Act, or arrest a person named in a warrant.

◾ (2) However, the police officer may enter a dwelling to arrest
or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.

◾ (3) A police officer who enters premises under this section may search the premises for the person.

◾ (4) This section does not authorise a police officer to enter premises to detain a person under an Act if the police
officer has not complied with any requirements imposed on the police officer under that Act for entry to premises for
that purpose.

Question 92

What can you tell me about the power of a Police Officer to require a person to provide their identity in relation to persons in vehicles as outlined in Section 14 of LEPRA?

Answer 92

◾ ( 1 ) A police officer who suspects on reasonable grounds that a vehicle is being, or w as, or may have been used in or in connection w i th an indictable offence may do any one or more of the following:

◾ ( a) require the driver of the vehicle to disclose his or her identity and the
identity of any driver of, or passenger in or on, the vehicle at or about the t ime the vehicle was or may have been so used or at or about the t ime the vehicle last stopped before the requirement was made or a direction was given to stop the
vehicle,

◾ ( b) require any passenger in or on the vehicle to disclose his or her identity and the identity of the driver of, or any other passenger in or on, the vehicle at or about the t ime the vehicle was or may have been so used or at or about the t ime the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle,

◾ (c ) require any owner of the vehicle ( who was or was not the driver or a passenger) to disclose the identity of the driver of, and any passenger in or on, the vehicle at or about the t ime the vehicle was or may have used or at or about the t ime the vehicle last stopped before the been so requirement was made or a direction was given to stop the vehicle.

◾ ( 2 ) Nothing in this section l imits the operation of section 11 .

◾ NOTE: Part 15 Safeguards Apply

Question 93

What can you tell me about the power of a Police Officer to apply for a search warrant as outlined in Section 47 of LEPRA?

Answer 93

(1) A police officer may apply to an eligible issuing officer for a search warrant (other than a criminal organisation search warrant) in respect of any premises if the police officer believes on reasonable grounds that there is, or within 72 hours will be, in or on the premises a thing connected with a searchable offence in relation to the warrant.
(2) Without limiting subsection (1), a police officer may apply to an eligible issuing officer for a search warrant if the police officer believes on reasonable grounds that a child prostitution offence has recently been committed, is being committed, or within 72 hours will be committed, on or with respect to premises.
(3) An eligible applicant may apply to an eligible issuing officer for a covert search warrant to authorise the covert entry and search of premises if the eligible applicant—
(a) suspects on reasonable grounds that there is, or within 10 days will be, in or on the premises a thing of a kind connected with a searchable offence in relation to the warrant, and
(b) considers that it is necessary for the entry and search of those premises to be conducted without the knowledge of any occupier of the premises.
(3A) An eligible applicant may apply to an eligible issuing officer for a criminal organisation search warrant in respect of premises if the eligible applicant has reasonable grounds to suspect that there is, or within 7 days there will be, in or on the premises a thing connected with a searchable offence in relation to the warrant.
(4) To avoid doubt, an application may be made under this section with respect to an act or omission that would be a searchable offence for the warrant if done, or omitted to be done, in New South Wales even though the act or omission occurred outside New South Wales and was not an offence against the law of New South Wales.

◾ NOTE: Child prostitution of fence means an offenceunder section 91D, 91E, 91 For 91G of the Crimes Act 1900.

Question 94

With reference to search warrant applications, what is a searchable offence?

Answer 94

Section 46A of LEPRA

(1) For the purposes of this Part “searchable offence “ in relation to a warrant; (a) means any of the following:

i. An indictable offence ,
ii. Firearms or prohibited weapons offence ,
iii. A narcotics offence ,
iv. A child abuse material offence ,
v. An offence involving a thing being stolen or otherwise unlawfully obtained , an

◾ (b) if the warrant is a covert search warrant–means a serious offence, and

◾ (c) if the warrant is a criminal organisation search warrant – means an organised crime offence.

Question 95

When can a police officer establish a crime scene, as outlined in Section 90 of LEPRA?

Answer 95

Section 90 - When crime scene may be established
◾ ( 1 ) A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that:

a) an offence committed in connection with a traffic accident that has resulted in the death of or serious injury to a person is being, or was, or may have been,
committed on the premises and that it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence, or
b) a serious indictable offence ( > 5 Years) is being, or w as, or may have been, committed on the premises and i t is reasonably necessary to establish a crime
scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence, or
c) there may be in or on the premises evidence of the commission of a serious
indictable offence that may have been committed elsewhere and it is reasonably
necessary to establish a crime scene in or on the premises to preserve, or search for
and gather, evidence of the commission of that offence.

◾ ( 1 A) A crime scene may also be established on premises by a police officer pursuant to the authority conferred by a crime scene warrant.

◾ ( 2 ) To avoid doubt, a crime scene may be established, crime scene powers may be exercised and a crime scene warrant applied for with respect to an act or omission
that is a serious indictable offence even though the act or omission occurred outside New South Wales and was not an offence against the law of New South Wales, i f the act or omission i f done, or omitted to be done, in New South Wales would constitute a serious indictable offence.

Question 96

Explain a police officers power to exercise crime scene powers with respect to Section 92 of LEPRA

Answer 96

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 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.
(4) A police officer may exercise crime scene powers in relation to a crime scene whether or not the police officer is the person who established the crime scene.
(5) 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 the police officer who established the crime scene or is responsible for the crime scene at the time.
(5A) A police officer may, in exercising crime scene powers conferred by subsection (1) at a crime scene, open a thing that is locked only if it is possible to do so without causing any damage to the thing or the lock.
(6) A crime scene power that may be exercised by a police officer under this section may be exercised by the police officer with the aid of such assistants as the police officer considers necessary.

Question 97

What are the implications for an investigator of Detention After Arrest legislation contained in Part 9 of LEPRA.

Answer 97

◾ Under section’s 114 and 115 of LEPRA a police officer may detain a person, who is under arrest, for an investigation period of up to 6 hours or such longer period as may be authorised by a detention warrant under section 118 ( up to a further 8 hours).

◾ Following this the person must be:
a) **Released **( whether unconditionally or on bail) within the investigation period, or
b) Brought before an authorised officer or court within that period, or, i f i t is not practicable to do so within that period, as soon as
practicable after the end of that period.

◾ An investigator must be conscious of the fact that there is a limit to the time that a person may be detained and must be aware of the factors that need to be considered in determining what is a reasonable time and what times are not included as part of the investigation period. Investigators should liaise with the custody manager during the investigation period to monitor the potential need to apply for a detention warrant.

Question 98

In regards to Detention after arrest procedures, Police must not detain a person any longer than is reasonable.

In determining what is a reasonable time, all the relevant circumstances of the particular case must be taken into account. Explain these circumstances.

Answer 98

Section 116 of LEPRA outlines the circumst ances which must be considered

(a) the person’s age, physical capacity and condition and mental capacity and condition,
(b) whether the presence of the person is necessary for the investigation,
(c) the number, seriousness and complexity of the offences under investigation,
(d) whether the person has indicated a willingness to make a statement or to answer any questions,
(e) the time taken for police officers connected with the investigation (other than police officers whose particular knowledge of the investigation, or whose particular skills, are necessary to the investigation) to attend at the place where the person is being detained,
(f) whether a police officer reasonably requires time to prepare for any questioning of the person,
(g) the time required for facilities for conducting investigative procedures in which the person is to participate (other than facilities for complying with section 281 of the Criminal Procedure Act 1986) to become available,
(h) the number and availability of other persons who need to be questioned or from whom statements need to be obtained,
(i) the need to visit the place where any offence concerned is believed to have been committed or any other place reasonably connected with the investigation of any such offence,
(j) the time during which the person is in the company of a police officer before and after the person is arrested
(k) the time taken to complete any searches or other investigative procedures that are reasonably necessary to the investigation (including any search of the person or any other investigative procedure in which the person is to participate),
(l) The time required to carry out any other activity that is reasonably necessary for the proper conduct of the investigation.

Question 99

Outline the time-out periods listed in section 117 of LEPRA?

Answer 99

(a) any time that is reasonably required to convey the person from the place where the person is arrested to the nearest premises where facilities are available for conducting investigative procedures in which the person is to participate,
(b) any time that is reasonably spent waiting for the arrival at the place where the person is being detained of police officers, or any other persons prescribed by the regulations, whose particular knowledge of the investigation, or whose particular skills, are necessary to the investigation,
(c) any time that is reasonably spent waiting for facilities for complying with section 281 of the Criminal Procedure Act 1986 to become available,
(d) any time that is required to allow the person (or someone else on the person’s behalf) to communicate with a friend, relative, guardian, independent person, Australian legal practitioner or consular official,
(e) any time that is required to allow such a friend, relative, guardian, independent person, Australian legal practitioner or consular official to arrive at the place where the person is being detained,
(f) any time that is required to allow the person to consult at the place where the person is being detained with such a friend, relative, guardian, independent person, Australian legal practitioner or consular official,
(g) any time that is required to arrange for and to allow the person to receive medical attention,
(h) any time that is required to arrange for the services of an interpreter for the person and to allow the interpreter to arrive at the place where the person is being detained or become available by telephone for the person,
(i) any time that is reasonably required to allow for an identification parade to be arranged and conducted,
(j) any time that is required to allow the person to rest or receive refreshments or to give the person access to toilet and other facilities as referred to in section 130,
(k) any time that is required to allow the person to recover from the effects of intoxication due to alcohol or another drug or a combination of drugs,
(l) any time that is reasonably required to prepare, make and dispose of any application for a detention warrant or any application for a search warrant or crime scene warrant that relates to the investigation,

The following times (to the extent that those times are times during which any investigative procedure in which a person who is detained under this Part is to participate is reasonably suspended or deferred) are not to be taken into account in determining how much of an investigation period has elapsed—

Question 100

Explain the facts/circumstances behind the case He Kaw Teh v The Queen 1985.

Answer 100

FACTS: The defendant had travelled by air from Kuala Lumpur to Melbourne and after he had disembarked at the airport his luggage was inspected by customs officials. In the course of the inspection he was found to be in possession of a bag which contained, in a false bottom, heroin. Although Teh was charged under the customs Act 1901 ( Cth), the High Court expressly stated that the decision was applicable to all statutes where the element of possession of a narcotic substance was involved.

Question 101

Explain the concepts of possession and knowledge arising from the decision in He Kaw Teh V The Queen 1985

Answer 101

Gibbs C. J Held that:

“ Possession connotes knowledge in the existence of the thing possessed. In charges
involving the possession of drugs, the prosecution bears the onus of provin g that the accused knew of the existence of the goods which were in a suitcase or other container over which he had exclusive physical control”

Gibbs C. J further stated:
“ The jury should have been told that they could not f ind that the applicant had heroin in
his possession unless they w ere satisfied that he knew i t w as in the suitcase ”

Despite this, Gibbs C.J explained:

“ I f the suspicions of an incoming traveller are aroused and he deliberately refrains from making inquiries for fear he may learn the truth, his willful blindness may be treated as equivalent to know ledge ” ( i . e. given a bag to carry in suspicious
circumstances but does so without checking the contents).

Brennan J highlighted:

That in regards to suspicion, the onus l ies on the prosecutio n to prove that the accused at the t ime of having physical custod y or control of narcotic goods, knew of the existence and nature, or l ikely existence and nature of the goods.

Thus in summary: Know ledge + Custody/ Control = Possession

Question 102

Explain all of the police search powers under Part 4 of LEPRA

Answer 102

◾ Section 21 – Power to Stop Search and detain a person,
and seize things

◾ Section 23 – Power to search persons for dangerous
implements without warrant in public places and schools

◾ Section 27 - Carry out Search on Arrest

◾ Section 28A – Search in Custody

◾ Section 31 – Strip Searches

◾ Section 36 – Power to Stop Search and detain a vehicle,
and seize things

Question 103

With respect to the search powers listed in Part 4 of LEPRA, what is considered a relevant offence under Section 20?

Answer 103

◾ The following offences are “relevant offences” for the purposes of this Division:

(a) indictable offences,
(b) an offence against section 93FB of the Crimes Act 1900
(Possession of dangerous articles other than firearms
(c) an offence against the Weapons Prohibition Act 1998,
the Firearms Act 1996 , or a regulation made under either of those Acts,
(d) an offence against a provision of Part 2 of the Explosives Act 2003

Question 104

What are the three key requirements for evidence to be admissible?

Answer 104

Admissibility

Relevant: (s.55 Evidence Act 1995)
Reliable (s.165 Evidence Act 1995)
Fair(s.135-136 Evidence Act 1995)

Question 105

What are the exceptions to the Hearsay Rule (S.59 of the Evidence Act)?

Answer 105

Exceptions

F – First hand hearsay when the original maker is not available. Section 65
A – Admissions of guilt. Section 81
T – Tags and labels. Section 70
B – Business records. Section 69
I – Identification of person, place or thing. Section 66
T – Telecommunication records. Section 71
C – Contemporaneous statements regarding health and well-being. Section 66
H – Hearsay for non-hearsay purpose. Section 60

Question 106

Explain the three types of Evidence? And the three types of forensic Evidence?

Answer 106

Evidence
* Original evidence (witnesses/victims – things that people perceived with their 5 senses)
* Documentary evidence (documents / written)
* Real evidence (physical – blood, knife etc.)

Forensic Evidence
* Physical Evidence – solid / liquid / gas, real and tangible, large or microscopic ie knife, gun, clothing etc
* Trace Evidence – very small, minute items that can be related to a common source eg small amount of vegetable matter,
blood, soil etc ie gunshot residue
* Latent Evidence – Requires some type of development for visualisation eg fingerprint, slightly visible blood, semen etc not visible.

Question 107

Explain the circumstances behind the cases of Streat v Bauer and Streat v Blanco (1998)

Answer 107

FACTS: At 1:00 am Police observe a small Datsun was seen
traveling along Head Road Edgecliff. Police conducted checks on the vehicle which revealed a warning that “ the vehicle may be used in Break and Enter Offences ”. Three males of middle eastern appearance where seen in the vehicle and police decided to stop the vehicles. Police searched the occupants and the vehicle and during this the occupants resisted police. They were all charged with Resist Police.

FINDING: The magistrate found that police had no reasonable grounds to search that vehicle or occupants. The magistrate explained that police need Some factual basis upon which they base their suspicion, it cannot merely be speculative.