Part 7 LEPRA S88 Crime scene powers may be exercised if police officer lawfully on premises
- police officer lawfully on premises
- establish crime scene
- exercise crime scene powers
- stay on premises for those purposes
Part 7 LEPRA S90 when crime scenes may be established
- crime scene may be established when on premises SRG
- offence traffic accident resulting in death or serious injury
- serious indictable offence on premises
- evidence of serious indictable offence committed elsewhere
(CS warrant & outside NSW)
Part 7 LEPRA S92 exercise of powers at crime scene
- exercise powers in 95 (1) (A-L)
- crime scene established and,
- SRG necessary to preserve evidence
- may exercise other powers in 95 (1) only
- crime scene established, and
- police officer applying for CS warrant and,
- SRG necessary to preserve evidence
Part 7 LEPRA S94 Crime scene warrants
- police officer apply to authorised officer for CS warrant
- SRG necessary to exercise CS powers to preserve, search and gather evidence of,
- serious indictable offence
- offence connected with traffic accident resulting in death or serious injury
Part 7 S95 crime scene powers
Following functions
a - direct a person to leave or remove v,v,a
b - remove person who fails to comply
c - direct person not to enter
d - prevent person from entering
e - prevent a person from removing evidence
f - remove obstruction
g - perform any necessary investigation
h - examination process
i - open anything that is locked
j - electricity has or other utility
k - direct to maintain continuous supply
l - photograph or record crime scene
m - seize and detain anything
n- dig up anything at CS
o - remove walls or ceiling linings or floors of a building or panels of a vehicle
p - any other function reasonably necessary
Part 7 Crime scenes
Section 89 application of part to premises
- premises of any kind whether or not a P/P
- P/O may exercise CS powers at a CS in a P/P without obtaining CS warrant
- includes V/V/A within P/P
- may seize V/V/A in CS established
Part 7 crime scenes
Section 91 establishment of crime scene
- PO may establish a CS on premises in anyway that is reasonably appropriate in circumstances
- if reasonably appropriate give public notice that premises are a CS
- CS may not be established on same premises in 24 hour period unless separate offence.
Part 7 crime scenes
Section 93 notice to Senior Police Officer where warrant not required
- CS established for a period of 4 hours or less or 6 hours or less in prescribed rural area (if not CS warrant)
- PO who establishes CS must notify a senior officer of that fact
