AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 63A

Authority at crime scene

(1)  For the purpose of preserving, searching for or gathering evidence at a crime scene, a police officer is authorised to do any or all of the following at or in relation to the crime scene:
(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 –
(i) a person who fails to leave the crime scene when directed to do so; or
(ii) a vehicle, vessel or aircraft that a person fails to remove from the crime scene when directed to do so;
(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, searching the crime scene without warrant and inspecting anything in it to obtain evidence of the commission of an offence or crime;
(h) for the purpose of performing any necessary investigation, conduct any examination or process;
(i) open anything at the crime scene whether or not it 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 or crime;
(n) dig up anything at the crime scene;
(o) remove roofing material, wall or ceiling linings or floors of a building, or panel linings of a vehicle;
(p) any other function reasonably necessary or incidental to a function conferred by this subsection.
(2)  A person must not fail to comply with a direction given under subsection (1) .
Penalty:  Fine not exceeding 80 penalty units.
(3)  A police officer may arrest, without warrant, a person who fails to comply with a direction given under subsection (1) .
(4)  An authorisation conferred by this section to seize and retain a thing includes –
(a) the authority to remove the thing from the crime scene when it is found; and
(b) the authority to guard the thing in or on the crime scene.
(5)  A police officer may use such force as is reasonably necessary for the purposes of exercising an authorisation conferred by this section.
(6)  Nothing in this Division prevents a police officer who is lawfully on premises from using an authorisation referred to in subsection (1) or doing any other thing if the occupier of the premises consents.


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