LEPRA

Section 91 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.

LEPRA

92   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)–(f) 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 3 hours, 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.

(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.

LEPRA

94   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.

(3)  A police officer may, in accordance with the warrant and this Part, exercise all reasonably necessary crime scene powers.

(4)  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 a police officer who is responsible for executing the warrant.

LEPRA

95   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.

(2)  The power conferred by this section to seize and detain a thing includes:

(a)  a power to remove the thing from the crime scene when it is found, and

(b)  a power to guard the thing in or on the crime scene.

(3)  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.