Australian Capital Territory Numbered Acts

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CRIMES (POLICE POWERS AND FIREARMS OFFENCE) AMENDMENT ACT 2017 (NO. 45 OF 2017) - SECT 210G

Crime scene powers

    (1)     This section applies to a place while a crime scene is in effect at the place under section 210H.

    (2)     A police officer may exercise any of the following powers if it is reasonably necessary to immediately exercise the power to protect or preserve evidence relating to the offence:

        (a)     enter the place, or any part of the place;

        (b)     enter any other premises to access the place;

        (c)     control the movement of people or things at the place;

        (d)     direct a person at the place to give the police officer the person's name and home address;

        (e)     if the police officer reasonably suspects a person possesses evidence removed from the place or has interfered with evidence at the place—detain, and conduct a frisk search or ordinary search of, the person;

        (f)     do any of the following in relation to all or part of a thing that might reasonably be evidence relevant to the commission of an offence:

              (i)     cover the thing at the place;

              (ii)     move the thing within the place;

              (iii)     photograph and in any other appropriate way record the thing before anything is done with the thing under subparagraphs (i) or (ii);

        (g)     if the place is a conveyance—remove the conveyance from its original location and take it to a secure place.

Examples—par (c)

1     direct a person not to enter or to leave the place

2     remove a person or thing from the place, or direct another person to remove the person or thing

3     prevent a person from interfering with or removing evidence from, or otherwise obstructing an investigation at, the place

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     A power under subsection (2) includes the power to use reasonable and necessary force to do those things.



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