Law Enforcement (Powers and Responsibilities) Act 2002

A police officer may exercise any of the crime scene powers set out in section 95(1)(a)–(l) if—

a crime scene has been established under this Part, and

the police officer exercising the power suspects on reasonable grounds that it is necessary to do so to preserve evidence of the commission of an offence in relation to which the crime scene was established.

A police officer may exercise any of the other powers set out in section 95(1), but only if—

a crime scene has been established under this Part, and

the police officer or another police officer applies for a crime scene warrant in respect of the crime scene, and

the police officer suspects on reasonable grounds that it is necessary to immediately exercise the power to preserve evidence of the commission of an offence.

A police officer may exercise the crime scene powers conferred by this section for a period of not more than 4 hours (or not more than 6 hours in the case of a crime scene established in a rural area prescribed by the regulations), commencing when the crime scene is established, unless the police officer or another police officer obtains a crime scene warrant.

A police officer may exercise crime scene powers in relation to a crime scene whether or not the police officer is the person who established the crime scene.

A crime scene power that may be exercised by a police officer under this section (other than the powers set out in section 95(1)(a)–(f) and (k)) may be exercised by a scene of crime officer, but only with the authority of the police officer who established the crime scene or is responsible for the crime scene at the time.

A police officer may, in exercising crime scene powers conferred by subsection (1) at a crime scene, open a thing that is locked only if it is possible to do so without causing any damage to the thing or the lock.

A crime scene power that may be exercised by a police officer under this section may be exercised by the police officer with the aid of such assistants as the police officer considers necessary.