AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 63

PART VIII - Declaration of Crime Scenes and Serious Incident Sites Division 1 - Crime scenes 63. Declaration of crime scene

(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.
(7) A re-declaration of a crime scene under subsection (6) may be made one or more times and subsections (3), (4), (5), (8) and (9) 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.



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