9 MOD ADPP
What is the definition of a crime scene under LEPRA 2002 (NSW) - ANS A crime scene is a
location which may contain evidence of the commission of an offence
Outline the circumstances when a crime scene can be established according to LEPRA 2002
(NSW). - ANS LEPRA 2002 (NSW), Section 90:
A crime scene can be established when:
(1)(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 to
preserve, or search for and gather, evidence of the commission of that offence, or
(1)(b) A serious indictable offence is being, or was, or may have been, committed on the
premises to preserve, or search for and gather, evidence of the commission of that offence, or
(1)(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, or
(1A) 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 NSW and was not an
offence against the law of NSW, if the act or omission if done, or omitted to be done, in NSW
would constitute a serious indictable offence.
What are the responsibilities of first responders to a crime scene,
List at least eight possible responsibilities.
The first officers should: - ANS • Assess hazards and determine type of incident
• Check for signs of life
• Render or arrange first aid
• Determine the nature and size of the scene
• Determine an entry point for the crime scene
• Remove all people from the crime scene
• Record witness particulars
• Call a supervisor if necessary
• Call a forensic investigator/crime scene officer
• Call investigators
• Define the boundary of the scene with police crime tape
• Protect endangered physical evidence
, When a crime scene is established it is important that two perimeters be set up. What are they -
ANS Crime scene perimeters:
1. Inner perimeter - area that can only be accessed by a crime scene examiner and persons
invited in by the examiner
2. Outer perimeter - extremity of the crime scene that prevents all members of the public and
others that do not have a need to be near the crime scene from entering
How long can police exercise crime scene powers before having to obtain a crime scene
warrant - ANS Section 92(3) - Four hours or less, or for a period of 6 hours or less in the case
of a rural area prescribed by the regulations, for crime scenes that are not in a public place.
Section 89(2) that crime scene warrants are not required in public places.
Time commences from when the crime scene was established. LEPRA 2002 (NSW), Section
92(3).
Can a subsequent crime scene be established on the same premises within a 24-hour period -
ANS Yes. 91(4) LEPRA 2002 (NSW), states that: Subsection (3) does not prevent a subsequent
crime scene being established on the same premises in a 24-hour period for the purpose of
investigating a separate offence that is not related to the offence in respect in which the initial
crime scene was established.
If a crime scene needs to be re-established within 24 hours at the same premises and for the
same offence, a Crime Scene Warrant must be applied for and granted prior to entry, for you to
enter and re-establish a crime scene. There is no power to re-establish that crime scene without
a warrant being issued.
What section of LEPRA 2002 (NSW) provides the power of police to exercise their functions
when a crime scene is established - ANS LEPRA 2002 (NSW), Section 95 (1):
(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
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