Page 4673 - Week 13 - Tuesday, 31 October 2017
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A suspect was identified and a shotgun was recovered from a common area near his unit during the execution of a later search warrant. In the absence of any forensic evidence from the scene of the offence, however, it was not possible to link the shotgun to the shooting. This is an example of how a new power to preserve evidence can support investigating serious crime, and how it is particularly relevant to investigating organised crime.
The bill I am introducing today provides that a police officer may establish a crime scene at a public place if they reasonably suspect that any offence punishable by a term of imprisonment has been or is being committed at the place and they consider that it is reasonably necessary to immediately establish a crime scene to protect or preserve evidence of the offence.
The same thresholds apply for private premises if the owner or occupier consents to a crime scene being established. If consent is not provided, or consent is impracticable to obtain, a police officer can establish a crime scene at a private premises if they reasonably suspect that any serious offence has been or is being committed at the place and they consider that it is reasonably necessary to immediately establish a crime scene to protect or preserve evidence of the offence.
A serious offence is defined to include any crime punishable by five years imprisonment or more, along with specific high-risk offences, including family violence and death or serious injury caused by a motor vehicle. This higher threshold applies for the exercise of crime scene powers at private premises where consent cannot be obtained. The limitation ensures that citizens are not exposed to unreasonable infringements on their privacy, as the power can only be used when there is a serious crime under investigation. The legislation provides a clear process for police to follow and ensures that people affected will know what their obligations are so that they can comply.
A crime scene is considered to be established from the time a police officer begins to exercise crime scene powers or makes a record that a crime scene has been established. Following the decision to establish a crime scene, a police officer must notify a senior police officer who is at or above the rank of sergeant as soon as practicable. The requirement to inform a senior police officer ensures that there is oversight of the decision by a more experienced officer.
When a crime scene is established, police officers can exercise a number of powers to ensure that evidence at the crime scene is protected and preserved. This includes requiring a person to leave the crime scene and preventing a person from removing evidence from or otherwise interfering with the crime scene. It also includes conducting a frisk or ordinary search of people present, to prevent them from removing evidence from the scene.
There are important restrictions on the use of crime scene powers, to ensure that this legislation is compliant with the Human Rights Act. Firstly, to protect the privacy of people in their own home, there is no power provided to police to search the premises. Where those additional powers are required, police will be required to obtain a search
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