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Police Powers and Responsibilities Act 2000
sec.178Exercise of crime scene powers in public place
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### sec.178 Exercise of crime scene powers in public place
It is lawful for a police officer to exercise powers under sections 176 and 177 at a public place without a crime scene warrant.
However, if—
the place is a public place only while it is ordinarily open to the public; and
the occupier of the place asks a police officer or an authorised assistant to leave the place;
the police officer or authorised assistant may, despite the request, continue to act under subsection (1) for the time reasonably necessary for an application for a crime scene warrant for the place to be made and decided.
An authorised assistant at a crime scene may also do a thing mentioned in section 176 (1) .
However, the authorised assistant may do either of the following only if asked by a responsible officer to do something at the crime scene—
enter the crime scene;
if reasonable necessary, enter another place to gain access to the crime scene.
(sec.178-ssec.1) It is lawful for a police officer to exercise powers under sections 176 and 177 at a public place without a crime scene warrant.
(sec.178-ssec.2) However, if— the place is a public place only while it is ordinarily open to the public; and the occupier of the place asks a police officer or an authorised assistant to leave the place; the police officer or authorised assistant may, despite the request, continue to act under subsection (1) for the time reasonably necessary for an application for a crime scene warrant for the place to be made and decided.
(sec.178-ssec.3) An authorised assistant at a crime scene may also do a thing mentioned in section 176 (1) .
(sec.178-ssec.4) However, the authorised assistant may do either of the following only if asked by a responsible officer to do something at the crime scene— enter the crime scene; if reasonable necessary, enter another place to gain access to the crime scene.
- (a) the place is a public place only while it is ordinarily open to the public; and
- (b) the occupier of the place asks a police officer or an authorised assistant to leave the place;
- (a) enter the crime scene;
- (b) if reasonable necessary, enter another place to gain access to the crime scene.