Study Powers/legislation

Question 1

Power to enter in emergencies—

(1) A police officer may enter premises if the police officer believes on reasonable grounds that
(a) a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or
(b) a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person, or
(c) the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.

Answer 1

Lepra section 9

Question 2

Identity may be required to be disclosed—
(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

Answer 2

Lepra section 11

Question 3

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 is being, or was, or may have been, committed on the premises 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, 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.
(1A) A crime scene may also be established on premises by a police officer pursuant to the authority conferred by a crime scene warrant.

Answer 3

Lepra section 90

Question 4

Police officers to provide information when exercising powers—

(1) A police officer who exercises a power to which this Part applies must provide the following to the person subject to the exercise of the power–
(a) evidence that the police officer is a police officer (unless the police officer is in uniform),
(b) the name of the police officer and his or her place of duty,
(c) the reason for the exercise of the power.

Answer 4

Lepra section 202

Question 5

Power to search persons and seize and detain things without warrant—

(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists–
(a) the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,
(b) the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,
(c) the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
(d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985 , a prohibited plant or a prohibited drug.

Answer 5

Lepra section 21

Question 6

Power to search persons for dangerous implements without warrant in public places and schools—

(1) A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control.
(2) To avoid doubt, if the person is in a school and is a student at the school, the police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker.
(3) For the purposes of this section, the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds to suspect that the person has a dangerous implement in the person’s possession or under the person’s control.
(4) In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search.

Answer 6

Lepra section 23

Question 7

Power to search vehicles and seize things without warrant—

(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.

Answer 7

Lepra section 36

Question 8

Rules for conduct of strip searches—
(1) A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following–
(a) the strip search must be conducted in a private area,
(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
(c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.

Answer 8

Lepra section 33

Question 9

99 Power of police officers to arrest without warrant—
(1) A police officer may, without a warrant, arrest a person if–
(a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and
(b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons–
(i) to stop the person committing or repeating the offence or committing another offence,
(ii) to stop the person fleeing from a police officer or from the location of the offence,
(iii) to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,
(iv) to ensure that the person appears before a court in relation to the offence,
(v) to obtain property in the possession of the person that is connected with the offence,
(vi) to preserve evidence of the offence or prevent the fabrication of evidence,
(vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
(viii) to protect the safety or welfare of any person (including the person arrested),
(ix) because of the nature and seriousness of the offence.

Answer 9

Lepra section 99

Question 10

Searching detained persons—

(1) A police officer or other detention officer by whom an intoxicated person is detained under this Part may search the intoxicated person and may take possession of any personal belongings found in the person’s possession.
(2) A person is entitled to the return of the personal belongings taken from the person under subsection (1) when the person ceases to be detained under this Part.

Answer 10

Lepra section 208

Question 11

Move on directions to intoxicated persons in public places—

(1) A police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person’s behaviour in the place as a result of the intoxication (referred to in this Part as
“relevant conduct” )–
(a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or
(b) is disorderly.

Answer 11

Lepra section 198

Question 12

Intoxicated Person—

Answer 12

Means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs (LEPRA section 205)

Question 13

Detention of intoxicated persons—

(1) A police officer may detain an intoxicated person found in a public place who is-
(a) behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or
(b) in need of physical protection because the person is intoxicated.

Answer 13

Lepra section 206

Question 14

Part 18 of LEPRA—

Answer 14

Use of force

Question 15

Use of force, generally by police officers—

It is lawful for a police officer exercising a function under this Act or any other Act or law in relation to an individual or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the function.

Answer 15

Lepra section 230

Question 16

Use of force in making an arrest—

A police officer or other person who exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest.

Answer 16

Lepra section 231

Question 17

what law gives police officers the right to carry appointments and firearm—

Answer 17

Common law

Question 18

Power of police officer to require removal of face coverings for identification purposes?

Answer 18

Lepra section 19A

Question 19

Aboriginal person

Answer 19

A person who is a descendant of the original inhabitants of North America.
The Canadian Constitution (1982)
recognizes three primary groups as Aboriginal peoples: Indians (First
Nations), Métis, and Inuit.

Question 20

Crime scene

Answer 20

means premises established as a crime scene under Part 7

Question 21

Mental illness definition

Answer 21

means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person and is characterized by the presence in the person of any one or more symptoms

Question 22

Detention after
apprehension by police—

Answer 22

MENTAL HEALTH ACT section 22

Question 23

Transport of persons to and from mental health facilities and other health facilities—

Answer 23

MENTAL HEALTH ACT section 81

Question 24

Removal of dangers and obstructions to traffic—

Answer 24

ROAD TRANSPORT ACT section 142

Question 25

Direction to stop vehicle or combination: to enable exercise of other powers Direction to stop vehicle or combination: to enable exercise of other powers— (1) This section applies to-- (a) a vehicle or combination located-- (i) on any road, or (ii) in or on any public place, or (iii) in or on any premises occupied or owned by Transport for NSW or by any other public authority, and (b) the driver of such a vehicle or combination who is apparently in, on or in the vicinity of the vehicle or combination.

Answer 25

ROAD TRANSPORT ACT section 169A

Question 26

Requirement for driver or rider to produce Australian driver licence and state name and address—

Answer 26

ROAD TRANSPORT ACT section 175

Question 27

Requirement for responsible person to disclose driver identity—

Answer 27

ROAD TRANSPORT ACT section 177

Question 28

Defective registrable vehicles—

Answer 28

ROAD TRANSPORT ACT section 76

Question 29

Power of entry to inspect damaged vehicles—

Answer 29

ROAD TRANSPORT ACT section 80

Question 30

The 5 E'S of road safety—

Answer 30

1. EDUCATION 2. ENGINEERING 3. ENCOURAGEMENT 4. ENFORCEMENT 5. EVALUATION

Question 31

What are S.E.I.N.S—

Answer 31

S. self E. enforcing I. infringement N. notice S. scheme

Question 32

THIS principle—

Answer 32

T. time & location H. history of person, place or thing I. intelligence of person, place or thing s. situation (reason your at the job )

Question 33

you may use your batton when—

Answer 33

1. if in danger of being overpowered 2. to protect yourself or others 3. the force must be reasonable

Question 34

Handcuffs—

Answer 34

The decision to handcuff rests with you. Officer safety is paramount. Generally, you are justified in handcuffing prisoners only when they have tried to escape, or to prevent escape or injury to themselves or others.

Question 35

Firearms—

Answer 35

You are only justified in discharging your firearm when there is an immediate risk to your life, or the life of someone else, or there is an immediate risk of serious injury to you or someone else and there is no other way of preventing the risk.

Question 36

CEW (conducted electrical weapon) (taser)—

Answer 36

• protect human life, • protect yourself or others where violent confrontation or violent resistance is occurring or imminent, • protect an officer/s in danger of being overpowered or to protect themselves or another person from the risk of actual bodily harm, or • Protection from animals

Question 37

Legal defences for assault—

Answer 37

H = Home defence A = Accidental use of physical force L = Lawful correction T = Taking blood samples/forensic procedure S = Self-defence C = Consented to A = Arrest or execution of process M = Medical procedures P = Property Defence S = Self-defence for family

Question 38

Power to carry out search on arrest— (1) A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything-- (a) that would present a danger to a person, or (b) that could be used to assist a person to escape from lawful custody, or (c) that is a thing with respect to which an offence has been committed, or (d) that is a thing that will provide evidence of the commission of an offence, or (e) that was used, or is intended to be used, in or in connection with the commission of an offence.

Answer 38

Lepra section 27

Question 39

Strip searches- A police officer may carry out a strip search of a person if— (a) in the case where the search is carried out at a police station or other place of detention--the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or (b) in the case where the search is carried out in any other place--the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.

Answer 39

Lepra section 31

Question 40

Crime scene powers may be exercised if police officer lawfully on premises— A police officer who is lawfully on premises (whether by authority of a crime scene warrant or for any other lawful reason) may- (a) establish a crime scene, and (b) exercise crime scene powers in accordance with this Part, and (c) stay on the premises for those purposes.

Answer 40

Lepra section 88

Question 41

Application of Part to premises— (1) This Part applies to premises of any kind, whether or not a public place. (2) Despite any other provision of this Part, a police officer may exercise crime scene powers at a crime scene in a public place without obtaining a crime scene warrant and the provisions of this Part apply accordingly. (3) A police officer may exercise crime scene powers in relation to a vehicle, vessel or aircraft that is within a crime scene established in a public place, without obtaining a warrant, but may exercise a crime scene power that involves seizing, detaining or searching the vehicle, vessel or aircraft only if-- (a) the police officer suspects on reasonable grounds that it is necessary to do so to preserve, or search for and gather, evidence of the commission of the offence in connection with which the crime scene was established, or (b) the police officer is authorised to do so by a crime scene warrant or other lawful authority.

Answer 41

LEPRA section 89

Question 42

Police powers to which this Part applies— (1) This Part applies to the exercise of the following powers by police officers-- (a) a power to stop, search or arrest a person, (b) a power to stop or search a vehicle, vessel or aircraft, (c) a power to enter or search premises, (d) a power to seize property, (e) a power to require the disclosure of the identity of a person (including a power to require the removal of a face covering for identification purposes), (f) a power to give or make a direction, requirement or request that a person is required to comply with by law, (g) a power to establish a crime scene at premises (not being a public place).

Answer 42

Lepra section 201

Question 43

Power to enter to arrest or detain someone or execute warrant— (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. (5) In this section-- "arrest" of a person named in a warrant includes apprehend, take into custody, detain, and remove to another place for examination or treatment.

Answer 43

Lepra section 10

Question 44

Police assistance— (1) A police officer to whose notice a police assistance endorsement on a mental health certificate, or a request for assistance by an ambulance officer under this Division, is brought must, if practicable-- (a) apprehend and take or assist in taking the person the subject of the certificate or request to a declared mental health facility, or (b) cause or make arrangements for some other police officer to do so. (2) A police officer may enter premises to apprehend a person under this section, and may apprehend any such person, without a warrant and may exercise any powers conferred by section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility.

Answer 44

MENTAL HEALTH ACT section 21

Question 45

Offences relating to administration of electro convulsive treatment—

Answer 45

MENTAL HEALTH ACT section 88

Question 46

Directions generally relating to public places— (1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person's behaviour or presence in the place (referred to in this Part as "relevant conduct" )-- (a) is obstructing another person or persons or traffic, or (b) constitutes harassment or intimidation of another person or persons, or (c) is causing or likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness, or (d) is for the purpose of unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug, or (e) is for the purpose of obtaining, procuring or purchasing any prohibited drug that it would be unlawful for the person to possess.

Answer 46

Lepra 197

Question 47

Establishment of crime scene— (1) A police officer may establish a crime scene on premises in any way that is reasonably appropriate in the circumstances. (2) A police officer who establishes a crime scene must, if reasonably appropriate in the circumstances, give the public notice that the premises are a crime scene. (3) A crime scene may not be established under this Part on the same premises more than once in a 24 hour period unless a crime scene warrant is obtained in respect of the second and any subsequent occasion. (4) Subsection (3) does not prevent a subsequent crime scene being established on the same premises in a 24 hour period for the purposes of investigating a separate offence that is not related to the offence in respect of which the initial crime scene was established.

Answer 47

Lepra section 91

Question 48

Exercise of powers at crime scene (1) A police officer may exercise any of the crime scene powers set out in section 95(1)(a)-(l) if-- (a) a crime scene has been established under this Part, and (b) the police officer exercising the power suspects on reasonable grounds that it is necessary to do so to preserve evidence of the commission of an offence in relation to which the crime scene was established. (2) A police officer may exercise any of the other powers set out in section 95(1), but only if-- (a) a crime scene has been established under this Part, and (b) the police officer or another police officer applies for a crime scene warrant in respect of the crime scene, and (c) the police officer suspects on reasonable grounds that it is necessary to immediately exercise the power to preserve evidence of the commission of an offence. (3) A police officer may exercise the crime scene powers conferred by this section for a period of not more than 4 hours (or not more than 6 hours in the case of a crime scene established in a rural area prescribed by the regulations), commencing when the crime scene is established, unless the police officer or another police officer obtains a crime scene warrant. (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.

Answer 48

Lepra section 92

Question 49

93 Notice to senior police officer where warrant not required— If a crime scene is established for a period of 4 hours or less or for a period of 6 hours or less in the case of a rural area referred to in section 92(3) (otherwise than by authority of a crime scene warrant), the police officer who establishes the crime scene must notify a senior police officer of that fact.

Answer 49

Lepra section 93

Question 50

Crime scene warrants— (1) A police officer may apply to an authorised officer for a crime scene warrant if the police officer suspects on reasonable grounds that it is necessary for the police officer or another police officer to exercise crime scene powers at specified premises for the purpose of preserving, or searching for and gathering, evidence of the commission of-- (a) a serious indictable offence, or (b) an offence that is being, or was, or may have been, committed in connection with a traffic accident that has resulted in the death of or serious injury to a person. (2) The authorised officer may, if satisfied that there are reasonable grounds for doing so, issue a crime scene warrant authorising any police officer to enter premises, to establish a crime scene on the premises (if a crime scene has not already been established) and to exercise all reasonably necessary crime scene powers at, or in relation to, a specified crime scene.

Answer 50

Lepra section 94

Question 51

100 Power of other persons to arrest without warrant— (1) A person (other than a police officer) may, without a warrant, arrest a person if-- (a) the person is in the act of committing an offence under any Act or statutory instrument, or (b) the person has just committed any such offence, or (c) the person has committed a serious indictable offence for which the person has not been tried. (2) A person who arrests another person under this section must, as soon as is reasonably practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law.

Answer 51

Lepra section 100

Question 52

105 Arrest may be discontinued— (1) A police officer may discontinue an arrest at any time. (2) Without limiting subsection (1), a police officer may discontinue an arrest in any of the following circumstances-- (a) if the arrested person is no longer a suspect or the reason for the arrest no longer exists for any other reason, (b) if it is more appropriate to deal with the matter in some other manner, including, for example, by issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the Young Offenders Act 1997 . (3) A police officer may discontinue an arrest despite any obligation under this Part to take the arrested person before an authorised officer to be dealt with according to law.

Answer 52

Lepra section 105

Question 53

Failure of driver to disclose identity— (1) The driver of a vehicle who is required by a police officer in accordance with section 14 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement. Maximum penalty 50 penalty units (or)12 months imprisonment, or both.

Answer 53

Lepra section 15

Question 54

Allows an arrested person to be further detained for the purpose of investigation and questioning and confers certain rights and protections to detained persons subject to questioning and other investigative procedures—

Answer 54

Lepra Part 9

Question 55

Definition of a public place under Lepra

Answer 55

Public place includes— (a) a place whether or not covered by water), or part of premises, that is open to the public or is used by the public, whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, and (b) a road or road related area, but does not include a school.

Question 56

Searches generally— (a) quickly run his or her hands over the person's outer clothing, and (b) require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person's clothes), and (c) examine anything in the possession of the person, and (d) pass an electronic metal detection device over or in close proximity to the person's outer clothing or anything removed from the person, and (e) do any other thing authorised by this Act for the purposes of the search.

Answer 56

Section 30

Question 57

Body warn camera- Caution

Answer 57

As soon as possible, or where practicable to do so, those persons being recorded should be advised of the presence of the camera by stating— “I am wearing a Body-Worn Video camera and our conversation and your actions are being recorded. Do you understand that?"

Question 58

Preservation of privacy and dignity during search— (1) A police officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this section. (2) The police officer must inform the person to be searched of the following matters— (a) whether the person will be required to remove clothing during the search, (b) why it is necessary to remove the clothing. (3) The police officer must ask for the person's co-operation. (4) The police officer must conduct the search-- (a) in a way that provides reasonable privacy for the person searched, and (b) as quickly as is reasonably practicable. (5) The police officer must conduct the least invasive kind of search practicable in the circumstances. (6) The police officer must not search the genital area of the person searched, or in the case of female or a transgender person who identifies as a female, the person's breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.

Answer 58

Section 32

Question 59

CAUTION (evidence act 1995, NSW) section 139– wording for official caution

Answer 59

I am going to ask you some questions in relation to... You do not have to say or do anything if you do not want to. Do you understand that? I/We will record what you say or do. I/We can use this recording in court. Do you understand that?

Question 60

ENDORSEMENT (criminal procedures regulation 2017, (NSW), clause 91

Answer 60

This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.

Question 61

BATONS—

Answer 61

The decision to use your baton rests with you. You may use your baton if in danger of being overpowered or to protect yourself or others from injury. The force used must always be reasonable.

Question 62

OC spray

Answer 62

• protection of human life • a less lethal option for controlling people, where violent resistance or confrontation occurs (or is likely to occur) • protection against animals

Question 63

Crime scene powers— (1) A police officer may, in accordance with this Part and any relevant crime scene warrant, exercise the following functions at, or in relation to, a crime scene established under this Part-- (a) direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene, (b) remove from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene, (c) direct a person not to enter the crime scene, (d) prevent a person from entering the crime scene, (e) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person, (f) remove or cause to be removed an obstruction from the crime scene, (g) perform any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence, (h) for the purpose of performing any necessary investigation, conduct any examination or process, (i) open anything at the crime scene that is locked, (j) take electricity, gas or any other utility, for use at the crime scene, (k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises, (l) photograph or otherwise record the crime scene and anything in it, (m) seize and detain all or part of a thing that might provide evidence of the commission of an offence, (n) dig up anything at the crime scene, (o) remove wall or ceiling linings or floors of a building, or panels of a vehicle, (p) any other function reasonably necessary or incidental to a function conferred by this subsection.

Answer 63

Lepra section 95

Question 66

Issue of search warrants 48 Issue of search warrants— (1) An eligible issuing officer to whom an application for a search warrant is made under section 47 may, if satisfied that there are reasonable grounds for doing so, issue the search warrant. Note : See section 62(3) in relation to matters to be considered by an eligible issuing officer in determining whether there are reasonable grounds to issue a warrant. (2) An eligible issuing officer to whom an application is made for a covert search warrant who is not satisfied that there are reasonable grounds for issuing the covert search warrant may, at the request of the eligible applicant (if the eligible applicant is a police officer), instead issue a search warrant that may not be executed covertly, but only if satisfied that there are reasonable grounds to do so.

Answer 66

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 48

Question 67

Ancillary power to search persons 28 Ancillary power to search persons— (1) In conducting a search of a person under section 27, a police officer may, if the police officer suspects on reasonable grounds that a thing of a kind referred to in section 27(1) or (2) is concealed in the person's mouth or hair, require the person-- (a) to open his or her mouth to enable it to be searched, or (b) to shake, or otherwise move, his or her hair. (2) Subsection (1) does not authorise a police officer to forcibly open a person's mouth. (3) A person must not, without reasonable excuse, fail or refuse to comply with a requirement made by a police officer in accordance with this section

Answer 67

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 28