59APower of police to secure evidence for coroner in an emergency

59A Power of police to secure evidence for coroner in an emergency

[Section 59A Inserted by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003]

(1)  If a police officer reasonably believes that –

(a) an article, substance or thing at a place where a death, fire or explosion has occurred is likely to have evidentiary value in a coroner's investigation into that death, fire or explosion; and

(b) there is a danger that the article, substance or thing could be lost, concealed or destroyed, or its evidentiary value could be ruined or compromised, if it is not immediately secured –

the police officer, with assistance and using reasonable force if necessary, may enter and inspect the place and take possession of the article, substance or thing.

(2)  Subject to subsection (3)(a) , a police officer may exercise power under subsection (1) whether or not a coroner is investigating the death, fire or explosion at the relevant time.

(3)  The following provisions apply to the exercise of the power specified in subsection (1) if at the relevant time a coroner is investigating the death, fire or explosion:

(a) the power is to be exercised only if the police officer reasonably believes that in the circumstances it is impracticable to obtain, or unsafe to wait for, authorisation under section 59(3) ;

(b) as soon as practicable after exercising the power, the police officer is to give the coroner and the Chief Magistrate notice and full particulars of the police officer's action;

(c) except as may otherwise be provided by an order in force under section 60(2) , on the giving of the notice referred to in paragraph (b) the article, substance or thing is in the legal custody, care and control of the coroner.

(4)  The following provisions apply to the exercise of the power specified in subsection (1) if at the relevant time a coroner is not investigating the death, fire or explosion: