Page 5170 - Week 14 - Tuesday, 28 November 2017
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a crime scene being established, a police officer may enter the premises 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 a police officer to secure a crime scene in a public place. There is a higher threshold to exercise the crime scene powers at a private premises when consent cannot be obtained. Importantly, the police must make reasonable attempts to obtain consent from the occupier or owner of the premises. When consent is not obtained, a police officer can only 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 it reasonably necessary to immediately establish a crime scene to protect and preserve evidence of the offence.
A serious offence is defined as a crime punishable by five years imprisonment or more, as well as specific high-risk offences, including family violence and death or serious injury caused by a motor vehicle. This definition ensures that the power is appropriately targeted. Police cannot simply enter private property without consent merely to investigate minor or trivial offences. The offence must be serious and there must be a need to preserve evidence of the offence. This ensures that members of the public are not at risk of being subject to unreasonable infringements on their privacy.
When a crime scene is established without consent at a private premises, the police have a clear process to follow. The police officer must take reasonable steps to tell the owner or occupier that a crime scene has been established at the premises, and the expected duration of the crime scene. Where appropriate, the police must inform the owner or occupier of the offences to which the crime scene relates. There are also a range of oversight mechanisms and obligations placed on the police officer who establishes the crime scene, including a requirement to inform a senior police officer that a crime scene has been established.
Once a crime scene has been established, a police officer may exercise certain powers only if it is reasonably necessary to immediately exercise the power to protect or preserve evidence in relation to the offence. Following the establishment of a crime scene, a police officer may enter the place or any part of the place or enter other premises to access the place, control the movement of people or other things at the place, and direct a person at the place to give the police officer their name and home address. Finally, if the police officer reasonably suspects that a person possesses or has removed evidence, the police officer may detain and conduct a search of the person. Failure to comply with a police officer’s direction when a crime scene has been established is an offence punishable by two years imprisonment and/or 200 penalty units.
Importantly, these powers are limited to securing a crime scene for the purpose of preserving evidence. It will remain the case that police cannot search a premises without a search warrant. This ensures that there is still judicial oversight of any search undertaken by police officers. These powers, while significant, may only be exercised for the specific purpose of preserving or protecting evidence relating to a serious offence. When securing a crime scene, police officers will need to do so by the
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