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Police Offences Act 1935
63Declaration of crime scene
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### 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 *\[Section 63 Inserted by No. 45 of 1995, s. 8 \]*[*\[Section 63 Repealed by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja30@GC3@EN)
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> > (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 –
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> > > > (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
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> > > > (b) the officer reasonably believes that –
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> > > > > > (i) an offence or a crime has been committed at or near that place; or
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> > > > > > (ii) there is evidence at that place that is relevant to an offence or crime.
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> > (2) A police officer may establish a crime scene in any way that is reasonably appropriate in the circumstances.
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> > (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 –
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> > > > (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
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> > > > (b) the District Police Commander responsible for the relevant region.
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> > (4) A declaration of a crime scene remains in force for 7 days unless it is sooner revoked.
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> > (5) A revocation of a declaration of a crime scene –
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> > > > (a) may be made by a police officer of or above the rank of inspector; and
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> > > > (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) .
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> > (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.
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> > (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.
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> > (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).
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> > (9) The Magistrates Court (Administrative Appeals Division) may confirm, amend or revoke, or add conditions to, a declaration of a crime scene.