Other LEPRA Flashcards
(35 cards)
s 9 LEPRA? What does (1) say?
Police Officer may enter premises if BELIEVES on reasonable grounds
a. Breach of peace is being, likely, necessary to immediately enter to prevent, or
b. Person suffered significant physical injury, or imminent danger of same, necessary to enter immediately to prevent.
c. Body of dead person on premises and no occupier to consent to entry.
s 9 1A?
Can’t enter under c without permission from Insp or above
s 9 (2)?
Remain only as long as reasonably necessary in circumstances.
s 10 LEPRA?
Arrest or detain someone or execute warrant.
- Enter and stay for reasonable time on premises to arrest person or detain them under an Act, or arrest named in warrant.
- Only enter if BELIEVES on reasonable ground person inside.
- May search inside for person.
s 11 LEPRA?
Power to get someone to disclose identity if suspect reasonable grounds at or near place indictable offence occurred.
13A LEPRA?
If suspect person is AVO defendant, power to disclose ID.
s14 LEPRA
Suspect reasonable grounds Veh used in commission of indictable offence
- Driver to disclose ID and ID of an driver, passenger at offence time.
- Passenger disclose ID or ID of any passenger or driver.
- Owner disclose ID of driver or passenger.
s19?
Proof of ID request for ID powers.
19A?
Require removal of face covering.
- IF person lawfully required to provide photo ID or identify themselves.
Rules for when face covering removed?
- Ask for cooperation
- Reasonable privacy
- quickly as practicable.
When don’t have to remove face covering?
Legitimate medical reason
- other reason in regs.
Part 6 of LEPRA?
Sear, entry, seizure for DV
s 82 LEPRA? (1) Justification?
Entry by invitation
- BELIEVES ON REASONABLE GROUNDS DV offence is being, may have been recently, imminent, likely, enter and remain if invited by person who apparently resides for;
- Investigate whether DV offence occurred
- Take action to prevent commission or further commission of DV offence.
Effect of s 82 (2) and (3) LEPRA?
May not enter on invitation if refused by an occupier, HOWEVER if invitation was from someone BELIEVE to be victim, can enter even if someone else refuses entry.
82 (3A)?
Remain until warrant granted. Can exercise following
- Direct person to leave, not enter
- Remove someone who fails direction
- Prevent person from leaving
- Prevent person from removing evidence or interfering with it. CAN search and detain that person.
83 LEPRA?
If denied entry and suspect DV offence and necessary to enter or remain immediately, can apply for warrant,
85 LEPRA?
only take action necessary to
- Investigate DV offence
- REnder aid to injured
- Exercise arrest
- prevent more DV
What MUST police do if enter dwelling under Part 6 power?
Inquire as to firearms.
- IF advised there are - Must take all action to search and seize.
How long can Police remain in dwelling under s85?
As long as necessary to take actions required under part 6.
If they say no firearms and BELIEVE there are?
Apply for warrant, unless power exists to search and seize dangerous article.
s 87 LEPRA?
Police officer enters premises under a power of LEPRA, BELIEVES on reasonable grounds
- Dangerous article or implement (not laser) is in dwelling AND
- Is being, was, may have been used in DV offence
May search for and seize it.
When can establish crime scene? Section?
S90
Suspect reasonable grounds
- Offence committed in connection with death/serious injury traffic incident on premises
- Serious indictable offence on premises
- Serious indictable offence elsewhere and the premises may have evidence.
Can establish crime scene at same premises more than once in 24 hours?
Not without warrant.
When can Police exercise crime scene powers in 95(1)(a)?
s 92
- when scene established
- suspects reasonable grounds necessary preservation evidence
