63Declaration of crime scene

### 63 Declaration of crime scene > *\[Section 63 Inserted by No. 45 of 1995, s. 8 \]*[*\[Section 63 Repealed by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja30@GC3@EN) > > > (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)](#GS63A@Gs1@EN) 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)](#GS63@Gs3@EN) . > > > (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. > > > (7)  A re-declaration of a crime scene under [subsection (6)](#GS63@Gs6@EN) may be made one or more times and [subsections (3)](#GS63@Gs3@EN) , [(4)](#GS63@Gs4@EN) , [(5)](#GS63@Gs5@EN) , [(8)](#GS63@Gs8@EN) and [(9)](#GS63@Gs9@EN) apply to a re-declaration as if it were a declaration under those subsections. > > > (8)  The owner or person lawfully in possession of the place to which a declaration of a crime scene relates may appeal against the declaration to the Magistrates Court (Administrative Appeals Division). > > > (9)  The Magistrates Court (Administrative Appeals Division) may confirm, amend or revoke, or add conditions to, a declaration of a crime scene.