A police officer's honest but mistaken belief that they were entitled to act as they did negates a finding of recklessness under s 138(3)(e) of the Evidence Act 1995; such conduct is at worst careless. Where a police officer was lawfully on premises immediately before a trespass, the trespass was of limited extent, and the area searched was uninhabited, the contravention cannot be characterised as involving substantial gravity under s 138(3)(d). Crime scene powers under s 88 of LEPRA cannot be invoked retrospectively where the officer did not in fact form the requisite state of mind at the relevant time.
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