Powers of Sergeant Flashcards
Crimes (Forensic Procedures) Act 2002 - Senior Police Officer?
Sergeant or above.
What orders can a senior police can make under Crimes FP Act? Who can be the subject of those orders?
- Only to people in Police custody
- Non-intimate only
Suspect under arrest and doesn’t consent. Powers?
s 18 - Can order non-intimate if it’s required under s 20.
Must not order non-intimate forensic procedure unless satisfied ? Section?
s20 Crimes Forensic Procedure Act
- Suspect under arrest and
- Reasonable grounds to believe committed an offence and
- reasonable grounds believe procedure produce evidence of it
- Neither child nor incapable person
- Justified in circumstances
What non-intimate can Sergeant order?
Buccal
Hair
What people can Hair be taken from?
UFO - Untested former offender
URP - Untested register-able person.
Process to take hair from URP or UFO??
- indicated the prefer hair or
- Failed buccal.
How long can hold person who is under arrest for purpose of procedure?
2 hours
What must Senior police do if they make order?
Make a record - of order - date and time made - reasons for order Sign record
What section of the SERM Act empowers Sergeants for evacuations?
60L SERM Act
What does 60L of SERM Act empower us to do?
A directing officer may, if satisfied that there are REASONABLE GROUNDS for doing so for the purpose of protecting persons from injury or death threatened by an actual or imminent emergency, direct, or authorise a police officer to direct, a person to do any or all of the following—
(a) to leave any particular premises and to move outside the danger area,
(b) to take any children or adults present in any particular premises who are in the person’s care and to move them outside the danger area,
(c) not to enter the danger area.
