LEPRA SW Flashcards
(35 cards)
What are the types of warrants under Part 5?
Standard
Child Prostitution
Cover
Criminal Organisation
What are searchable offences under Section 46A of LEPRA?
Section 46A
1 an indictable offence,
2 a firearms or prohibited weapons offence,
3 a narcotics offence,
4. a child abuse material offence,
5. an offence involving a thing being stolen or otherwise unlawfully obtained,
and
1 if the warrant is a covert search warrant—means a serious offence, and
2 if the warrant is a criminal organisation search warrant—means an organised crime offence.
Who can apply for a convert search warrant under S46C LEPRA?
Section 46C
Superintendent or above
Commissioner or AC of PIC or a member of staff of PIC authorised to make the application by the Commissioner of AC
Commissioner or AC of PIC or a member of staff of PIC authorised to make the application by the Commissioner of AC
What is a serious offence??
1 any indictable offence punishable by imprisonment for a period of 7 or more years and that involves the following:
1 the supply, manufacture or cultivation of drugs or prohibited plants,
2 the possession, manufacture or sale of firearms within the meaning of the Firearms Act 1996,
3 money laundering,For example, section193B of the Crimes Act 1900.
4 car and boat rebirthing activities,For example, section154G of the Crimes Act 1900.
5 the unauthorised access to, or modification or impairment of, computer data or electronic communications,
6 an activity involving theft carried out on an organised basis,
7 violence causing grievous bodily harm or wounding,
8 the possession, manufacture or supply of false instruments,
9 corruption,
10 destruction of property,
11 homicide,
12 kidnapping,
Who can apply for criminal organisation SW? S46D
Superintendent or above
Officer has to suspect on reasonable grounds that there is, or within 7 days there will be, in or on the premises a thing of a kind connected with the searchable offence.
What must be considered to apply for a search warrant? Under Section 47
S47 Power to apply for search warrants
- A police officer may apply to an eligible issuing officer for a search warrant
- in respect of any premises
- if the police officer believes on reasonable grounds that there is, or within 72 hours will be, in or on the premises a thing connected with a searchable offence in relation to the warrant.
What Section 46(3) LEPRA - Thing
- With respect to which the offence has been committed.
- Will provide evidence of the commission of the offence.
- Was used, intended to be used, in or in connection with the commission of the offence.
What is the General Authority conferred by SW’s as per Section 47A(1)?
Section 47(A) authorises the executing officer to;
- Enter the subject premises
- Search premises for things (relating to the offence)
Where does the power come to seize something during a SW?
Section 49 - Seizure of thing
1) A person executing a search warrant issued under this Division:
may seize and detain a thing (or thing of a kind) mentioned in the warrant, and
may, in addition, seize and detain any other thing that the person finds in the course of executing the warrant and that the person has reasonable grounds to believe is connected with any offence.
(2) Without limiting subsection (1), the power to seize and detain a thing includes:
a power to remove the thing from the premises where it is found, and
a power to guard the thing in or on those premises, and
if it is a covert search warrant that authorises the placing of a kind of thing in substitution for a seized thing—a power to place a thing of that kind on the subject premises in substitution for a thing seized.
Can you search a person found on a premises during a SW?
Yes. Power comes a from Section 50 LEPRA if the police officer reasonably suspects the person has a thing mentioned in the warrant
(No automatic search power just because they are there)
What is Section 52 LEPRA?
52 Obstruction or hindrance of person executing warrant
A person must not, without reasonable excuse, obstruct or hinder a person executing a warrant issued under this Division.
What is covered S60 - Application of a warrant must be made in person
- Must be in writing
- Form prescribed by the regulations
- In person
- Before eligible issuing officer
Section 61 LEPRA - Telephone Warrant
- May apply by telephone.
- Eligible issuing officer must be satisfied that it is required urgently and it is not practicable to do it in person
- Must apply by facsimile if facilities are readily available.
What is clause 11 of LEPRA
Suppression
- Document likely to jeopardize safety of a person
- Methodology
The defence can challenge the basis of the warrant on two basis’?
- Invalid warrant - (Can only be rectified by Supreme Court)
Example shouldn’t have got the warrant - Defective warrant - (Dealt with in the court issuing the warrant)
Example - Essential components missing, description of property too broad.
Do errors make a warrant invalid?
Section 76 LEPRA - Allows minor defects in a warrant
- Warrant is not invalidated by any defect.
- Other than a defect that affects the substance of the warrant in material particular
Example (Typo’s don’t make the warrant invalid)
What must a police officer do in relation to an occupiers notice
Section 67 LEPRA?
- Must be served in person
- Within 48 hours of execution of warrant
- Must take all reasonable attempts to serve occupier in this time frame
- It if cant be served need to see the issuing officer and seek alternative service.
How must police announcement their entry pursuant to Section 68 LEPRA?
- Must announce authority to entry through warrant, and
- Give Person opportunity to allow entry into the premises
- Immediate entry is required to ensure safety of any person, or
- Immediate entry is required to ensure the effective execution of the warrant is not frustrated.
What force can police use to enter and search a premises pursuant to Section 70 LEPRA?
- Disable an alarm, camera or surveillance device at the premises
- Pacify any guard dog at the premises
- Break open any receptacle.
What must be shown to justify a night warrant pursuant to Section 72 LEPRA?
- Execution is unlikely to be successful, relevant circumstance will only exist at night.
- Likely to be less risk to the safety of any person if executed at night.
- Occupier is likely to be on premises only at night to allow entry without force.
When is day warrant. When is a night warrant
Day 6am to 9pm
Night 9pm to 6am
What part of LEPRA states the need to give occupier a receipt of things seized?
Clause 8 LEPRA.
Section 73 LEPRA defines the expiry time for warrants. What are these times?
Search warrant - 72 hours can apply to extend
Telephone warrant - 24 hours - no extension allowed
Covert Search Warrant - 10 days after issue
Crime Scene warrant - 72 hours
If terrorism related 720 hours
Telephone crime scene warrant - 24 hours - can be extended by 60 hours. Can be done twice
Section 74 defines the period in which Report to issuing officer must be returned (form 20). What is this time frame?
10 days
