63Declaration of crime scene

63 Declaration of crime scene

[Section 63 Inserted by No. 45 of 1995, s. 8 ][Section 63 Repealed by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008]

(1)  For the purpose of preserving, searching for or gathering evidence, a police officer of or above the rank of inspector may declare any public place or other place to be a crime scene if  –

(a) the officer reasonably believes that it is necessary, for that purpose, to exercise powers in section 63A(1) or to exclude persons from the place; and

(b) the officer reasonably believes that –

(i) an offence or a crime has been committed at or near that place; or

(ii) there is evidence at that place that is relevant to an offence or crime.

(2)  A police officer may establish a crime scene in any way that is reasonably appropriate in the circumstances.

(3)  The police officer who declares a crime scene is to put the declaration in writing as soon as practicable after making it and is to give a copy of the declaration to –

(a) the owner or person lawfully in possession of the place to which the declaration relates, if the place is not a public place; and

(b) the District Police Commander responsible for the relevant region.

(4)  A declaration of a crime scene remains in force for 7 days unless it is sooner revoked.

(5)  A revocation of a declaration of a crime scene –

(a) may be made by a police officer of or above the rank of inspector; and

(b) is to be put in writing as soon as practicable after it is made and a copy given to the persons who have been given a copy of the declaration under subsection (3) .

(6)  Before a declaration of a crime scene lapses or is revoked, a police officer of or above the rank of inspector may re-declare the place to be a crime scene.