AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 63A

63A. Authority at crime scene

(1) For the purpose of preserving, searching for or gathering evidence at a crime scene, a police officer is authorised to do any or all of the following at or in relation to the crime scene:

(a) direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene;

(b) remove from the crime scene –

(i) a person who fails to leave the crime scene when directed to do so; or

(ii) a vehicle, vessel or aircraft that a person fails to remove from the crime scene when directed to do so;

(c) direct a person not to enter the crime scene;

(d) prevent a person from entering the crime scene;

(e) prevent a person from removing evidence from, or otherwise interfering with, the crime scene or anything in it and, for that purpose, detain and search the person;

(f) remove, or cause to be removed, an obstruction from the crime scene;

(g) perform any necessary investigation including, for example, searching the crime scene without warrant and inspecting anything in it to obtain evidence of the commission of an offence or crime;

(h) for the purpose of performing any necessary investigation, conduct any examination or process;

(i) open anything at the crime scene whether or not it is locked;

(j) take electricity, gas or any other utility for use at the crime scene;

(k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises;

(l) photograph or otherwise record the crime scene and anything in it;

(m) seize and detain all or part of a thing that might provide evidence of the commission of an offence or crime;

(n) dig up anything at the crime scene;

(o) remove roofing material, wall or ceiling linings or floors of a building, or panel linings of a vehicle;

(p) any other function reasonably necessary or incidental to a function conferred by this subsection.

(2) A person must not fail to comply with a direction given under subsection (1).

Penalty:

Fine not exceeding 80 penalty units.
(3) A police officer may arrest, without warrant, a person who fails to comply with a direction given under subsection (1).
(4) An authorisation conferred by this section to seize and retain a thing includes –

(a) the authority to remove the thing from the crime scene when it is found; and

(b) the authority to guard the thing in or on the crime scene.

(5) A police officer may use such force as is reasonably necessary for the purposes of exercising an authorisation conferred by this section.
(6) Nothing in this Division prevents a police officer who is lawfully on premises from using an authorisation referred to in subsection (1) or doing any other thing if the occupier of the premises consents.



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