Police Powers and Responsibilities Regulation 1998

Queensland Police Powers and Responsibilities Act 1997 POLICE POWERS AND RESPONSIBILITIES REGULATION 1998 Reprinted as in force on 10 November 1999 (includes amendments up to SL No. 222 of 1999) Reprint No. 1C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 10 November 1999. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland POLICE POWERS AND RESPONSIBILITIES REGULATION 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 2—PROPOSAL FOR NOTIFIED AREA 3A Applying for the declaration of a notified area . . . . . . . . . . . . . . . . . . . . . . . 9 3B What must be done before applying for a temporary declaration . . . . . . . . 10 3C What must be done before applying for a permanent declaration . . . . . . . . 11 3D Contents of approved form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 3—OTHER MATTERS 4 Acts prescribed for Act, s 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5 Relevant Acts, Act s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6 Declared law enforcement agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 Legal aid organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 7A Postponed expiry— Act, s 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8 Responsibilities code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 16 OTHER ACTS NOT AFFECTED BY ACT’S OPERATION SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 18 POLICE RESPONSIBILITIES CODE PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 2 Explanation of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3 Code does not affect certain principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

2 Police Powers and Responsibilities Regulation 1998 4 Code does not generally apply to covert operations . . . . . . . . . . . . . . . . . . . 19 PART 2—SEARCHING PERSONS AND VEHICLES AND GIVING DIRECTIONS TO PERSONS Division 1—Preliminary 5 Explanation for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1 Operational guidelines for searching people incapable of giving an informed consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2—Search of persons and vehicles 6 General provision about searches of persons . . . . . . . . . . . . . . . . . . . . . . . . . 20 2 Operational guidelines for searches of persons—general . . . . . . . . . 21 7 Protecting the dignity of persons during search . . . . . . . . . . . . . . . . . . . . . . . 22 3 Operational guideline for search involving the removal of clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 8 General provision about searches of vehicles . . . . . . . . . . . . . . . . . . . . . . . . 24 4 Operational guidelines for removal of a vehicle for a search . . . . . 25 9 Roadblocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 5 Operational guidelines for roadblocks and other traffic related powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 10 Dealing with persons who obstruct search of person or vehicle . . . . . . . . . . 27 6 Operational guideline for use of force to search a person or a vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 3—Directions to move on 11 Directions in notified areas and other prescribed places . . . . . . . . . . . . . . . 28 7 Operational guidelines for directions in notified areas and other prescribed places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8 Operational guideline for a power to require name and address . . . 29 PART 3—ENTRY AND SEARCH OF PLACES Division 1—Introduction and general requirements 12 Explanation for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9 Operational guideline for searching people incapable of giving an informed consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 13 Use of force to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 2—Entry of places to investigate matters, make inquiries and serve documents and entry for relevant Acts

3 Police Powers and Responsibilities Regulation 1998 14 Entry to investigate, make inquiries and serve documents . . . . . . . . . . . . . 31 15 Power to enter for relevant Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 16 Requirement by a police officer for relevant Acts . . . . . . . . . . . . . . . . . . . . 32 10 Operational guidelines for requirements made by a police officer for relevant Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 3—Crime scenes 17 Gaining access to crime scenes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11 Operational guidelines for deciding if a place is a crime scene . . . 34 18 Initial establishment of a crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 Operational guideline for deciding what is the crime scene . . . . . . 36 19 Crime scene powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 Operational guidelines for investigations at crime scenes . . . . . . . . 37 20 Who are authorised persons for crime scene powers . . . . . . . . . . . . . . . . . . 38 21 Directions by police officers at crime scenes . . . . . . . . . . . . . . . . . . . . . . . . 39 14 Operational guideline for directions given at a crime scene . . . . . . 39 22 Application for crime scene warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 15 Operational guideline for crime scene warrants . . . . . . . . . . . . . . . . 41 23 Application for extension of crime scene warrant . . . . . . . . . . . . . . . . . . . . . 41 24 Statement to accompany copy of crime scene warrant . . . . . . . . . . . . . . . . 42 16 Operational guideline for statement to accompany copy of crime scene warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 25 Alternative accommodation for occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 4—Search warrants and notices to produce documents 26 Application for search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 27 Applications made after a refusal by a justice . . . . . . . . . . . . . . . . . . . . . . . 45 17 Operational guidelines for applying for a search warrant . . . . . . . . . 45 28 Statement to accompany copy of search warrant . . . . . . . . . . . . . . . . . . . . . 46 18 Operational guideline for statement to accompany search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 19 Operational guideline for powers relating to search under warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 20 Operational guidelines for executing a search warrant . . . . . . . . . . . 48 29 Application for order approving search to prevent loss of evidence . . . . . . 48

4 Police Powers and Responsibilities Regulation 1998 30 Appeals against order by magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 31 Application for notice to produce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 21 Operational guideline for notice to produce . . . . . . . . . . . . . . . . . . . 51 32 Notice to produce—privileged communications . . . . . . . . . . . . . . . . . . . . . . 51 Division 5—Surveillance and covert search 33 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 34 Certain applications to be made with help of lawyer . . . . . . . . . . . . . . . . . . 52 35 Application for surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 36 Application for extension of surveillance warrant . . . . . . . . . . . . . . . . . . . . . 55 22 Operational guidelines for application for surveillance warrant or extension of surveillance warrant . . . . . . . . . . . . . . . . . . . 56 23 Operational guideline for emergency use of surveillance devices . 57 37 Application for approval of emergency use of surveillance devices . . . . . . 57 24 Operational guideline for application for approval of emergency use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . 58 25 Operational guidelines for powers relating to installation of surveillance device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 38 Powers relating to use of surveillance device . . . . . . . . . . . . . . . . . . . . . . . . 59 26 Operational guideline for powers relating to use of surveillance device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 39 Report on activities under a surveillance warrant . . . . . . . . . . . . . . . . . . . . . 60 40 Security of facilities used under a surveillance warrant . . . . . . . . . . . . . . . . 61 41 Storage of recordings made under a surveillance warrant . . . . . . . . . . . . . . 62 42 Destruction of recordings made under a surveillance warrant . . . . . . . . . . . 63 43 Application for covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 27 Operational guidelines for applications for covert search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 44 Application for extension of covert search warrant . . . . . . . . . . . . . . . . . . . . 65 28 Operational guideline for applications for extension of covert search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 45 Powers under a covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 29 Operational guidelines for powers under covert search warrants . . . 66 46 Report on covert search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

5 Police Powers and Responsibilities Regulation 1998 PART 4—DEALING WITH THINGS SEIZED Division 1—Introduction and general requirements 47 Explanation for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 48 Responsibilities of police officer who seizes a thing under the Act . . . . . . 68 30 Operational guideline for delivering anything seized to a property point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 49 Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 31 Operational guideline for receipts for seized things . . . . . . . . . . . . . 70 50 Disposal of perishable things seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 2—Retaining anything seized 51 Establishment of places for keeping things seized . . . . . . . . . . . . . . . . . . . . 72 52 Appointment of property officers for keeping things seized . . . . . . . . . . . . . 72 53 Functions of property officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 3—Dealing with dangerous drugs, things relating to dangerous drugs, and controlled substances 54 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 55 Destruction of dangerous drugs etc. where seized . . . . . . . . . . . . . . . . . . . . . 74 56 Dealing with dangerous drugs or controlled substances . . . . . . . . . . . . . . . . 75 57 Destruction of things used in the administration of a dangerous drug . . . . . 76 58 Destruction of dangerous drugs etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Division 4—Applications for orders relating to things seized 59 Order after property seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 PART 5—ARREST, TREATMENT AND QUESTIONING OF PERSONS Division 1—Introduction 60 Explanation for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 32 Operational guidelines for information about persons in custody or under arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 2—Questioning suspects about indictable offences 61 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 62 Questioning generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

6 Police Powers and Responsibilities Regulation 1998 63 Asking persons to attend for questioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 33 Operational guideline for asking persons to attend for questioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 64 Cautioning persons in custody about his or her right to silence . . . . . . . . . . 82 65 Right to remain silent not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 66 Right to communicate with friend, relative or lawyer . . . . . . . . . . . . . . . . . 84 67 Questioning persons with impaired capacity . . . . . . . . . . . . . . . . . . . . . . . . . 86 68 Questioning intoxicated persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 69 Procedure for reading back a written record . . . . . . . . . . . . . . . . . . . . . . . . . 87 34 Operational guidelines for questioning suspects . . . . . . . . . . . . . . . . 88 70 Excluding persons unreasonably interfering with questioning . . . . . . . . . . . 88 35 Operational guideline for excluding persons from being present during questioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 71 Questioning of Aboriginal people and Torres Strait Islanders . . . . . . . . . . . 90 72 Provision of information relating to a person in custody . . . . . . . . . . . . . . . 92 73 Right to interpreter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 74 Right of foreign national to communicate with embassy etc. . . . . . . . . . . . 93 75 Rights of a person in custody to be electronically recorded . . . . . . . . . . . . 94 Division 3—Questioning etc. of persons detained 76 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 77 What is a reasonable time to detain a person for investigations or questioning? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 36 Operational guideline for deciding what is a reasonable time to detain a person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 78 Persons helping in covert investigations not under arrest . . . . . . . . . . . . . . . 95 79 Application for extension of detention period . . . . . . . . . . . . . . . . . . . . . . . . 96 37 Operational guidelines for application for extension of detention period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 80 Removal of persons from lawful custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 81 Use of time out during extended detention period . . . . . . . . . . . . . . . . . . . . 98 82 Requirements after detention period ends . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 83 Alternatives to arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 84 Arrest may be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

7 Police Powers and Responsibilities Regulation 1998 85 Police officer who starts proceeding to ensure destruction of identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Division 5—Medical and dental procedures 38 Operational guideline for recording consent to performance of medical or dental procedure . . . . . . . . . . . . . . . . . . . 100 86 Application for order approving a medical or dental procedure . . . . . . . . . . 100 87 Presence of independent persons required . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 PART 6—WITNESS IDENTIFICATION Division 1—General requirements for witness identification 88 Explanation for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 89 Management of witnesses during identification procedure . . . . . . . . . . . . . 102 Division 2—Identification parades 90 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 91 Recording of consent and identification parade . . . . . . . . . . . . . . . . . . . . . . 103 92 Explanation of procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 93 Identification parade conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 94 Conducting the identification parade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 95 Use of suitable persons in the identification parade . . . . . . . . . . . . . . . . . . . 105 39 Operational guideline for identification parades . . . . . . . . . . . . . . . . 105 Division 3—Identification using photographs 96 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 97 General requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 98 Conducting a photoboard identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 PART 7—THE REGISTER 99 Searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 100 Arrests and suspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 101 Search warrants and notices to produce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 102 Certain covert acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 103 Property seized other than during a search . . . . . . . . . . . . . . . . . . . . . . . . . . 110 105 Register of directions given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 112 DICTIONARY

8 Police Powers and Responsibilities Regulation 1998 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 114 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115

s 1 9 s 3A Police Powers and Responsibilities Regulation 1998 POLICE POWERS AND RESPONSIBILITIES REGULATION 1998 [as amended by all amendments that commenced on or before 10 November 1999] PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Police Powers and Responsibilities Regulation 1998 . ˙ Commencement 2. This regulation commences on the day section 3 of the Act commences. ˙˙ Dictionary 3. The dictionary in schedule 3 defines words used in this regulation. † PART 2—PROPOSAL FOR NOTIFIED AREA ˙ Applying for the declaration of a notified area 3A.(1) An application 1 for the declaration of an area as a notified area must seek— (a) a declaration for a specified period of not more than 14 days (a 1 The application is made to the Minister by a local government or a government entity under the Act, section 86 (Proposal for notified area).

s 3B 10 s 3B Police Powers and Responsibilities Regulation 1998 “temporary declaration” ); or (b) a permanent declaration. (2) Before applying for the declaration, the intending applicant must comply with— (a) for a temporary declaration—section 3B; or. (b) for a permanent declaration—section 3C. (3) The applicant must— (a) apply in the approved form; 2 and (b) lodge a plan clearly showing the location and boundary of the area proposed to be notified. (4) An applicant for a permanent declaration must also lodge— (a) a copy of each submission received under section 3C(4)(e) and a summary of the submission; and (b) any comment the applicant wishes to make on the submission. ˙ What must be done before applying for a temporary declaration 3B.(1) This section states the things an intending applicant for a temporary declaration must do. (2) The intending applicant must consult about the proposed declaration with— (a) the district officer of the police service for the relevant police district; and (b) if the applicant is a government entity, the local government within whose area the proposed notified area is located. (3) If the application is to be made for a proposed event at the request of the event’s organiser, the intending applicant must ensure the event’s organiser’s request is written and states the information relied on. (4) If the application will be made in relation to a proposed event but not 2 See section 3D (Contents of approved form of application).

s 3C 11 s 3C Police Powers and Responsibilities Regulation 1998 at the request of the event’s organiser, the intending applicant must consult about the proposed application with the event’s organiser. ˙ What must be done before applying for a permanent declaration 3C.(1) This section states what an intending applicant for a permanent declaration must do. (2) The intending applicant must— (a) consult about the proposed declaration with— (i) the district officer of the police service for the relevant police district; and (ii) if the applicant is a government entity, the local government within whose area the proposed notified area is located; and (b) if a person carrying on a business in the proposed notified area wishes to consult with the intending applicant, consult about the proposal with a representative of the business; and (c) publish notice of intention to apply under part 11 3 of the Act to have the area declared a notified area. (3) The notice must be published in a newspaper circulating generally in the locality of the area, or if there is no newspaper circulating generally in the locality, in a newspaper circulating generally in the State. (4) The notice must state the following— (a) the area’s street address or a description of the location of the area sufficient to enable it to be easily identified; (b) the proposed times and dates the area is to start being a notified area; (c) the reason why it is intended to apply for the proposed declaration; (e) that any interested person, group or body may make a written submission supporting or opposing the proposal; 3 Part 11 (Power to give directions in notified areas and other places) of the Act

s 3D 12 s 3D Police Powers and Responsibilities Regulation 1998 (f) a day, not earlier than 1 month after the publication of the advertisement, by which submissions are to be made; (g) an address where submissions may be sent to the intending applicant. (5) The advertisement must also contain a sketch or plan showing the area. ˙ Contents of approved form of application 3D.(1) The approved form of application for a declaration of an area as a notified area must include provision to state the following information— (a) the area’s street or similar address; (b) the proposed times and dates the area will start being a notified area; (c) for a temporary declaration, the proposed time and date the area will stop being a notified area; (d) if the application is made in relation to an event, the event and the proposed times and dates for the start and end of the event; (e) the reasons relied on to justify declaring the area, including, past or likely future criminal conduct or public order problems in the area; (f) if past problems are relied on, written information, for example crime statistics or a statement from the local district officer of the police service, verifying the problems; (g) the persons, groups and bodies who have been consulted about the proposal and the nature and results of the consultation. (2) The approved form of application must state that— (a) if the proposed notified area extends beyond a single street, road, park or premises, the applicant must justify in detail why it is necessary for the proposed area to be so extensive; and (b) if a temporary declaration is being applied for, the applicant must justify in detail the duration of the period for which the area is to be a notified area; and

s 4 13 s 6 Police Powers and Responsibilities Regulation 1998 (c) if a permanent declaration is being applied for, the applicant must justify in detail why the declaration needs to be permanent. † PART 3—OTHER MATTERS ˙ Acts prescribed for Act, s 8 4. The Acts in schedule 1 are Acts to which the Act, section 8 applies. 4 ˙ Relevant Acts, Act s 14 5. Each of the following Acts is a relevant Act for the Act, section 14 5 — • Auctioneers and Agents Act 1971 • Drugs Misuse Act 1986 • Nature Conservation Act 1992 • Pawnbrokers Act 1984 • Racing and Betting Act 1980 • Second-hand Dealers and Collectors Act 1984 • Weapons Act 1990 . ˙ Declared law enforcement agencies 6.(1) A police force or police service of another State or the Commonwealth is a declared law enforcement agency for the Act, schedule 3, 6 definition “declared law enforcement agency” . (2) Also, each of the following entities is a declared law enforcement 4 Section 8 (Relationship to other Acts) 5 Section 14 (Power to enter etc. for relevant Acts) 6 Schedule 3 (Dictionary)

s 6 14 s 6 Police Powers and Responsibilities Regulation 1998 agency for the Act, schedule 3, definition “declared law enforcement agency” — (a) for the Commonwealth— • the Australian Customs Service • the Australian Securities Commission • the Australian Taxation Office • the National Crime Authority • the Commonwealth department within which the Migration Act 1958 (Cwlth) is administered • ASIO • Austrac; (b) for New South Wales— • the New South Wales Crime Commission • the Police Integrity Commission • the Independent Commission Against Corruption; (c) for Queensland— • the Crime Commission • the Criminal Justice Commission. (3) In addition, a Royal Commission or another commission of inquiry, not mentioned in subsection (2), that is established under a law of the Commonwealth or a State for inquiring into allegations involving the commission of serious indictable offences is a declared law enforcement agency for the Act, schedule 3, definition “declared law enforcement agency” . (4) Further, the unit of the Australian Defence Force known as the Special Air Service is a declared law enforcement agency for the Act, schedule 3, definition “declared law enforcement agency” , but only when the unit is helping the police service reduce the risk of serious injury to a person, and to the extent disclosure of information under the Act is necessary for that purpose.

s 7 15 s 8 Police Powers and Responsibilities Regulation 1998 ˙ Legal aid organisations 7. For the Act, schedule 3, definition “legal aid organisation” , the Aboriginal and Torres Strait Islander Corporation (QEA for Legal Services) is an organisation that provides legal assistance to Aboriginal people and Torres Strait Islanders. ˙ Postponed expiry— Act, s 136 7A. The day for expiry of section 136 7 of the Act is extended by 1 year. ˙ Responsibilities code 8. The responsibilities code is in schedule 2. 7 Section 136 of the Act now expires on 6 April 2000.

16 Police Powers and Responsibilities Regulation 1998 ¡ SCHEDULE 1 † OTHER ACTS NOT AFFECTED BY ACT’S OPERATION section 4 Casino Control Act 1982 Children’s Services Act 1965 Collections Act 1966 Community Services (Aborigines) Act 1984 Community Services (Torres Strait) Act 1984 Coroners Act 1958 Corrective Services Act 1988 Crimes (Confiscation) Act 1989 Criminal Investigation (Extra-territorial Offences) Act 1985 Crown Proceedings Act 1980 Explosives Act 1952 Fire and Rescue Authority Act 1990 Gaming Act 1850 (NSW) 8 Gaming Machine Act 1991 Health Act 1937 Law Courts and State Buildings Protective Security Act 1983 Liquid Fuel Supply Act 1984 Litter Act 1971 8 This Act continues to apply in Queensland.

17 Police Powers and Responsibilities Regulation 1998 SCHEDULE 1 (continued) National Crime Authority (State Provisions) Act 1985 Police Service Administration Act 1990 Racing and Betting Act 1980 Residential Tenancies Act 1994 State Transport Act 1938 Vagrants, Gaming and Other Offences Act 1931 , section 56 9 Vocational Education, Training and Employment Act 1991 Weapons Act 1990 9 Section 56 (Police officer may require person to provide name and address etc.)

18 Police Powers and Responsibilities Regulation 1998 ¡ SCHEDULE 2 † POLICE RESPONSIBILITIES CODE section 8 † PART 1—PRELIMINARY ˙ Short title 1. This code may be cited as the Police Responsibilities Code. ˙ Explanation of code 2.(1) This code contains 2 kinds of provisions. (2) The main provisions are responsibilities a police officer must comply with for giving effect to the Act. 10 (3) There are also operational guidelines that are intended to help in the administration of the Act by enabling police officers and other readers to better understand the operation of the Act and this code. (4) An operational guideline is easy to distinguish from other provisions because the way it is set out differs from the main provisions and its heading identifies it as an operational guideline. (5) Under the Act, section 135(4), 11 operational guidelines are not part of the regulation containing this code. (6) Also, this code is in addition to, and does not limit, the operation of the Act. 10 In some cases, the provisions relate to particular requirements of the Act. Others state general requirements about the way a police officer must perform his or her duties. 11 Section 135 (Regulation-making power)

19 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) ˙ Code does not affect certain principles 3.(1) This code does not prevent an officer from speaking to or questioning a person when performing the police officer’s duties, whether or not in relation to an offence, without detaining the person or using any form of compulsion. (2) Also, it is not the purpose of this code to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders. ˙ Code does not generally apply to covert operations 4. Unless this code otherwise expressly provides, this code does not apply to functions of a police officer performed as part of a covert operation. † PART 2—SEARCHING PERSONS AND VEHICLES AND GIVING DIRECTIONS TO PERSONS † Division 1—Preliminary ˙ Explanation for pt 2 5.(1) This part deals with responsibilities relating to powers under the Act that allow a police officer to stop, detain and search persons or vehicles, and to give directions to individuals, whether or not in vehicles. 12 (2) Provisions relating to searches may not apply in some circumstances, for example, when people entering sports grounds or other places are 12 See the Act, sections 20 (Powers at crime scene), 24 (Roadblocks), 26 (Searching persons without warrant), 27 (Searching vehicles without warrant), 29 (Powers under search warrants), 56 (Search of persons in custody), 88 (Direction may be given to person) and 122 (Entry of place to prevent offence or injury).

20 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) searched with their consent or as a condition of entry. (3) Also, if no search power exists, nothing in the Act or this code prevents a police officer searching a person or a vehicle with the person’s consent given after the person is told he or she need not consent to the search. (4) In addition, provisions relating to directions may not apply in some cases, for example, when directions are given to a person to leave a place at the request of someone who is in lawful possession of the place. (5) Finally, some of the standard safeguards in the Act and safeguards in this code may apply whether or not the power is exercised with consent. 13 ˙ 1 Operational guidelines for searching people incapable of giving an informed consent 1.1 Unless someone else is present to help look after the interests of someone who appears to a police officer to be incapable of giving an informed consent, the police officer should not ask the person to consent to a search. 1.2 Examples of people who may not be able to give an informed consent— 1. A young child. 2. Someone suffering from a mental illness. † Division 2—Search of persons and vehicles ˙ General provision about searches of persons 6.(1) A police officer searching a person must— (a) ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and 13 See the Act, part 12 (Standard safeguards), divisions 4 (Safeguards for things seized during searches) and 5 (Other safeguards).

21 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (b) take reasonable care to protect the dignity of the person; and (c) unless an immediate and more thorough search of a person is necessary—restrict a search of the person in public to an examination of outer clothing; and (d) if a more thorough search of a person is necessary but does not have to be conducted immediately—conduct a more thorough search of the person out of public view, for example, in a room of a shop or, if a police station is nearby, in the police station. Example for subsection (1)(c)— A more thorough search may be immediately necessary because a police officer reasonably suspects an immediate search is necessary to protect the safety of the person, including, for example, because the person to be searched may have a bomb strapped to his or her body or a concealed firearm or knife and intend to use the firearm or knife for an unlawful purpose. (2) Before taking a person to another place for a search because it is impracticable to search for a thing that may be concealed on the person where the person is, the police officer must consider the following— (a) whether the thing sought may be concealed on the person; (b) whether, for an effective search, the search should be conducted somewhere else; (c) the need to protect the dignity of the person. ˙ 2 Operational guidelines for searches of persons—general 2.1 The following is an example of how to state the purpose of a search— ‘The purpose of this search is to look for something that may be a dangerous drug.’. 2.2 Generally, police officers should hold a brief conversation before starting a search to help obtain evidence and so avoid unnecessary searches. 2.3 The grounds for a search because of a reasonable suspicion must exist before the search is conducted. Locating the thing sought is not a ground for the search but may confirm the suspicion.

22 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) 2.4 A police officer searching a person should, if reasonably practicable, wear gloves. 2.5 The following techniques may help in a safe and effective search of a person— (a) ask the person to hand over anything that may cause harm to someone else, including, for example, a knife, another weapon or a syringe; (b) ask the person to shake his or her hair vigorously; (c) ask the person to lean forward slightly against a stable object, for example, a vehicle or counter in preparation for the search; (d) stand slightly to one side behind the person; (e) start the search at the person’s head and continue down to the person’s feet. 2.6 Police officers should keep the following in mind— (a) small quantities of drugs may be concealed in belts, collars, hat bands and the lining of clothes; (b) weapons and syringes may be concealed under clothing in areas of the body such as the shoulder, back, side, inside thigh, ankle and forearm. ˙ Protecting the dignity of persons during search 7.(1) This section applies if a police officer conducts a search that involves the removal of all items of a person’s clothing or all items of outer clothing from— (a) the upper or lower part of the body of a female; or (b) the lower part of the body of a male. (2) If reasonably practicable— (a) the police officer conducting the search must, before the search is conducted— (i) tell the person he or she will be required to remove clothing during the search; and

23 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (ii) tell the person why it is necessary to remove the clothing; and (iii) ask for the person’s cooperation; and (b) the person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress his or her upper body before being required to remove items of clothing from the lower part of the body. (3) The search must be conducted as quickly as reasonably practicable and the person searched must be allowed to dress as soon as the search is finished. (4) The police officer conducting the search must ensure, as far as reasonably practicable, the person being searched can not be seen by anyone of the opposite sex or by anyone who does not need to be present. (5) If a video camera monitors the area where the person is searched, the police officer must, unless the person viewing the monitor is a police officer of the same sex as the person being searched— (a) ensure the camera is turned off; or (b) conduct the search out of view of the camera. (6) However, if the video camera is not turned off, any recording of the search must not be shown to anyone other than— (a) the person searched or his or her lawyer; or (b) a doctor treating the person searched; or (c) a person deciding if a proceeding is to be started against the person for an offence; or (d) a police officer investigating an offence involving the person; or (e) a police officer, lawyer, public prosecutor or witness involved in a proceeding against the person; or (f) a court. (7) The police officer conducting the search must not make physical contact with the genital and anal areas of the person searched, but may

24 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) require the person to hold his or her arms in the air or to stand with legs apart and bend forward to enable a visual examination to be made. 14 (8) If the person to be searched is a child or someone else who, because of a medical or psychiatric condition or an intellectual disability, may not be able to understand the purpose of the search, the police officer must conduct the search in the presence of— (a) for a child—an interview friend; or (b) for someone else—a person the police officer considers is able to give the person to be searched appropriate support. (9) However, the police officer may search the person in the absence of a person mentioned in subsection (8)(a) or (b) if the police officer reasonably suspects— (a) delaying the search is likely to result in evidence being concealed or destroyed; or (b) an immediate search is necessary to protect the safety of a person. ˙ 3 Operational guideline for search involving the removal of clothing 3.1 Police officers should be aware that while the Act allows a police officer to require someone to remove clothing when the person is being searched, and searches involving the removal of outer clothing may be necessary, searches involving the removal of clothing should not be routinely conducted, and if conducted, searches that are not appropriately conducted may invite adverse public criticism of the police service. ˙ General provision about searches of vehicles 8.(1) This section deals with the searching of vehicles under the Act. (2) Before deciding to take a vehicle to a place with appropriate facilities 14 For examinations of body orifices, see the Act, part 9 (Powers in relation to persons in custody), division 3 (Medical and dental procedures).

25 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) for searching the vehicle, a police officer must consider whether searching the vehicle somewhere else would be more effective because of the nature and size of a thing sought that may be concealed in the vehicle. (3) If a police officer decides to take a vehicle to a place with appropriate facilities for searching it, the police officer must, if the person apparently in possession of the vehicle is known and present— (a) tell the person where the vehicle is to be taken; and (b) ask the person if he or she wants to be present during the search. (4) If a police officer searches an unattended vehicle or anything in it, the police officer must leave a notice in a conspicuous place in or on the vehicle stating— (a) that the vehicle or a stated thing in or on it has been searched; and (b) the police officer’s name, rank and station; and (c) that a record of the search may be obtained from any police station. (5) After searching an unattended vehicle or anything in it, the police officer must ensure, as far as reasonably practicable, the vehicle is left secured at least to the same extent as it was before the search. ˙ 4 Operational guidelines for removal of a vehicle for a search 4.1 A police officer considering taking a vehicle to another place to search it for evidence of the commission of an offence should be mindful that another function of the police service is the protection of the community. 4.2 If taking the vehicle to another place may expose occupants of the vehicle to potential danger, the police officer should offer to help the occupants make alternative travel arrangements. 4.3 A police officer should never leave women or young children without ensuring alternative transport arrangements are made and, if necessary, should wait until someone arrives.

26 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) ˙ Roadblocks 9.(1) Before a police officer decides where to establish a roadblock, 15 the police officer must consider— (a) the effect the roadblock may have on road safety and public safety; and (b) the likelihood of a dangerous situation happening if a person sought is located at the roadblock. Example— If the person sought is believed to be armed and dangerous and it is reasonably practicable, populated locations, such as outside schools, should be avoided. (2) In addition to the things mentioned in subsection (1), the senior police officer present at a roadblock must consider the following— (a) the risk to police officers and members of the public at or near the roadblock; (b) the need to ensure drivers approaching the roadblock— (i) will have a clear view of the roadblock; and (ii) will have enough distance to slow down and stop before reaching the roadblock; (c) the location of schools, pedestrian crossings and road hazards near the roadblock; (d) the physical construction of the road at or near the roadblock, including the type of road surface, number of traffic lanes, and the width of road shoulders; (e) weather conditions, including, for example, fog or rain; (f) the presence of smoke. (3) Also, the senior police officer present at a roadblock must ensure— (a) a record is made of relevant details of the roadblock including, for example, the reasons for establishing it, when and where it was 15 See the Act, section 24 (Roadblocks).

27 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) established, for how long, and whether the roadblock led to a person sought being located or arrested; and (b) a copy of the record is given to a person nominated by the commissioner for the purpose. ˙ 5 Operational guidelines for roadblocks and other traffic related powers 5.1 The senior police officer present at a roadblock should ensure appropriate safety equipment is used and any necessary warning signs are placed to warn approaching drivers that they may be required to stop. 5.2 A police officer exercising powers in relation to roads and traffic 16 should ensure that appropriate safety equipment and any necessary warning signs are used. 5.3 Appropriate safety equipment includes the following— (a) reflectorised vests; (b) traffic cones; (c) hand held reflectorised ‘Stop Police’ signs; (d) warning signs; (e) hazard light systems; (f) during darkness—traffic wands. ˙ Dealing with persons who obstruct search of person or vehicle 10.(1) If a person obstructs (the “obstructing person” ) a search of himself or herself, another person or a vehicle, a police officer must, if reasonably practicable— (a) warn the obstructing person it is an offence to obstruct a police officer in the performance of the police officer’s duties; and (b) tell the obstructing person that the police officer may use 16 See the Act, section 25 (Powers relating to roads and traffic).

28 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) reasonably necessary force to search a person or vehicle; and (c) give the obstructing person a reasonable opportunity to stop obstructing the search before using force against the obstructing person or the vehicle. (2) It may not be reasonably practicable for a police officer to comply with subsection (1) if, for example— (a) there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or (b) there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or (c) an immediate search is necessary to protect the safety of any person. ˙ 6 Operational guideline for use of force to search a person or a vehicle 6.1 An immediate search of a person may be necessary if the person may be carrying something, for example a knife, that may cause harm to someone else. † Division 3—Directions to move on ˙ Directions in notified areas and other prescribed places 11. If a police officer gives a direction 17 to a person doing a relevant act at or near a prescribed place, 18 the police officer must ensure the circumstances of the direction are recorded in the register. 19 17 For the power to give the direction, see the Act, section 88 (Direction may be given to person). 18 For what is a relevant act, see the Act, schedule 3 (Dictionary). 19 For particulars of information to be included in the register, see section 105 (Register of directions given).

29 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) ˙ 7 Operational guidelines for directions in notified areas and other prescribed places 7.1 Because the right of a person to move about peacefully in public places is carefully guarded by the community generally, a decision to use a power under the Act that interferes with a person’s right to free movement should be able to withstand public scrutiny. 7.2 In some circumstances, it may be appropriate for a police officer to consider whichever of the following is relevant before deciding to give a direction to a person— (a) any reason the person offers for being in or near the place; (b) the nature of any complaint made about the person; (c) the nature of any anxiety the person is allegedly causing to someone else and whether the anxiety has any factual basis; (d) the effect of the person’s presence or behaviour on anyone else in or near the place. Division 4—Power to require name and address ˙ 8 Operational guideline for a power to require name and address 8.1 The following are examples of circumstances when it may be unreasonable to require a person who has been asked to state the person’s correct name and address to give evidence of the correctness of the stated name and address— • a person is unlikely to be carrying the evidence if the person is wearing swimming or jogging clothing without pockets • circumstances in which the person would not be able to give the evidence by making a phone call or accompanying the police officer to a parked vehicle with the evidence in it.

30 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) † PART 3—ENTRY AND SEARCH OF PLACES † Division 1—Introduction and general requirements ˙ Explanation for pt 3 12.(1) This part deals with responsibilities relating to the powers under the Act that allow a police officer to enter places, to enter and search places, or to establish a crime scene. 20 (2) Some of the standard safeguards in the Act and other safeguards in this code may also apply. 21 (3) Nothing in the Act or this code prevents a police officer searching a place with the consent of the occupier of the place. (4) However, before a police officer searches a place with the consent of the occupier of the place, the police officer must tell the person that he or she need not consent to the search. ˙ 9 Operational guideline for searching people incapable of giving an informed consent 9.1 Unless someone else is present to help look after the interests of someone who appears to a police officer to be incapable of giving an informed consent, the police officer should not ask the person to consent to a search. 20 See the Act, sections 13 (General power to enter to make inquiries, investigations or serve documents), 14 (Power to enter etc. for relevant Acts), 15 (Power to enter to arrest or detain someone or execute warrant), 16 (Gaining access to crime scenes), 20 (Powers at crime scene), 29 (Powers under search warrants), 31 (Search to prevent loss of evidence) and 122 (Entry of place to prevent offence or injury). 21 See the Act, part 12 (Standard safeguards), divisions 4 (Safeguards for things seized during searches) and 5 (Other safeguards).

31 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) Examples of people who may not be able to give an informed consent— 1. A young child. 2. Someone suffering from a mental illness. ˙ Use of force to enter places 13.(1) This section applies if a police officer intends to enter a place to arrest or detain someone, or to search a place, or to establish a crime scene. (2) Before the police officer uses force that may cause damage to a place to gain entry to the place, the police officer must, if reasonably practicable— (a) ask the occupier of the place to allow the police officer to enter the place; and (b) give the occupier a reasonable opportunity to allow the entry. (3) It may not be reasonably practicable for a police officer to comply with subsection (2) if, for example— (a) there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or (b) there is a reasonable expectation that, if warned, the person may immediately dispose of or destroy evidence; or (c) an immediate search is necessary to protect the safety of any person. † Division 2—Entry of places to investigate matters, make inquiries and serve documents and entry for relevant Acts ˙ Entry to investigate, make inquiries and serve documents 14.(1) This section applies if a police officer enters a place to investigate a matter, make an inquiry or serve a document. (2) What is a reasonable time to stay on a place must be decided according to the particular circumstances.

32 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (3) If the entry is to investigate a matter or to make an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to— (a) ask questions of anyone present at the place; and (b) make any reasonable investigation or observation; for deciding whether any other action is necessary to fulfil a function of the police service. 22 (4) If the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for service of the document and to serve the document according to law. ˙ Power to enter for relevant Acts 15. A reasonable time for a police officer to enter a place for exercising a power in relation to a relevant Act 23 is— (a) the time when the place is open to the public or used by the public; or (b) the time when the police officer may reasonably expect that someone will be present at the place; or (c) when someone is present at the place. ˙ Requirement by a police officer for relevant Acts 16.(1) This section applies if a police officer requires a licence holder or person apparently in possession of— (a) documents or things the licence holder or person is required to keep under a relevant Act—to produce stated documents or things 22 For the functions of the police service, see the Police Service Administration Act 1990 , section 2.3 (Functions of Service). 23 See the Act, section 14 (Power to enter etc. for relevant Acts).

33 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) for inspection; or (b) a place used for a purpose under a licence under a relevant Act—to give the police officer reasonable help. (2) What is reasonable help must be decided according to the particular circumstances. Example— It would be reasonable help for a person who can operate a computer to help a police officer to gain access to a document on the computer for the purpose of inspecting it. (3) If a licence holder or person does not comply with a requirement made under the Act, section 14(1)(d) or (f), the police officer must, if reasonably practicable— (a) warn the person it is an offence to contravene the requirement and the person may be arrested for contravening it; and (b) ask the person if he or she has a reasonable excuse for contravening the requirement; and (c) give the person a reasonable opportunity to comply with the requirement. ˙ 10 Operational guidelines for requirements made by a police officer for relevant Acts 10.1 An example of the suggested wording of a warning is as follows— ‘I warn you that if you continue to fail to produce the documents I have asked you for and you do not have a reasonable excuse, you commit an offence for which you may be arrested. Do you have a reasonable excuse for failing to produce the documents?’. 10.2 If a person contravenes a requirement made under the Act, section 14(1)(d) or (f) and the police officer decides to start a proceeding against the person, the proceeding should be for an offence against section 14(2) of the Act instead of section 120 of the Act.

34 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) † Division 3—Crime scenes ˙ Gaining access to crime scenes 17. What is a reasonable time for a police officer to stay on a place to decide whether it is a crime scene will depend on the particular circumstances including, for example— (a) the nature of any information obtained or any observation made that suggests the place is a crime scene; and (b) visible evidence that will help decide whether it is a primary or secondary crime scene; and (c) any preliminary inspection of the place. 24 ˙ 11 Operational guidelines for deciding if a place is a crime scene 11.1 Police officers must remember that for a place to be a crime scene under the Act, it must be necessary to protect the place for the time reasonably necessary to search for and gather evidence. 11.2 It may be more desirable in some circumstances to obtain a search warrant. 11.3 The fact that a 7 year imprisonment offence or an offence involving deprivation of liberty has happened at a place is not, of itself, enough to justify establishing a primary crime scene. 11.4 Also, the fact there may be at a place evidence of the commission of a serious violent offence that has happened somewhere else is not, of itself, enough to justify establishing a secondary crime scene. ˙ Initial establishment of a crime scene 18.(1) This section applies if a police officer establishes a crime scene at a 24 For the power to enter the place, see the Act, section 16 (Gaining access to crime scenes).

35 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) place. 25 (2) The responsible officer must— (a) identify what constitutes the crime scene; and (b) decide the boundaries necessary to protect the crime scene; and (c) mark the limits of the crime scene in a way that sufficiently identifies it to the public as a crime scene. (3) For deciding the boundaries of the crime scene and preserving the crime scene and any evidence in it, the responsible officer must as far as reasonably practicable— (a) identify— (i) any potential evidence; and (ii) the entry and exit point of the offender; and (iii) the origin or cause of the incident; and (b) take all possible steps to prevent unnecessary movement inside the boundaries of the crime scene; and (c) protect the crime scene from being destroyed or damaged. (4) The responsible officer must also ensure anyone at the crime scene avoids touching or moving items with evidentiary value until all necessary forensic and technical examinations are finished. (5) The responsible officer must ensure that nothing in the crime scene is unnecessarily moved, unless there is a possibility that it could be damaged or destroyed if the thing is not moved. Examples of when evidence may be damaged or destroyed if a thing is not moved— 1. If the arrival of the investigator, authorised person or specialist officer will be delayed and the scene is exposed to the weather. 2. If falling or threatened rain may damage any fingerprint that may be on a knife left on the ground. 25 See the Act, section 17 (Initial establishment of crime scene).

36 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (6) If the responsible officer decides it is necessary to immediately move anything at the crime scene, the officer must ensure as far as reasonably practicable that— (a) a photograph of the thing is taken or it is measured, or something replaces the thing to indicate the exact location of the place from which it is moved; and (b) the way the thing is picked up will avoid smearing fingerprints. ˙ 12 Operational guideline for deciding what is the crime scene 12.1 A responsible officer deciding what constitutes a crime scene and the boundaries necessary to protect it, should be mindful that evidence may include any of the following— (a) fingerprints; (b) footprints or tyre tracks at the scene or in the vicinity; (c) damage to anything at the scene, including walls and windows of a building or items of furniture; (d) for a suspected offence involving a firearm—spent cartridges, impressions caused by the impact of projectiles, and residual traces of gun powder; (e) for suspected arson—burn marks on anything or the residue of any flammable liquids; (f) for sexual offences—seminal stains on bedclothes, car seat covers, handkerchief or other thing left at the scene; (g) buttons or fibres from clothing; (h) pubic or other hairs; (i) articles that may have fallen from an offender’s pockets; (j) signs of a struggle, for example, bloodstains, torn bedclothes and crushed or broken vegetation; (k) specimens of soil, grass and other vegetation, for comparison purposes if similar substances or things are found on clothing or the offender.

37 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) ˙ Crime scene powers 19.(1) To protect a crime scene, the responsible officer must immediately take the steps he or she considers to be reasonably necessary— (a) to ensure people, including police officers, whose presence at the crime scene is not essential do not enter the crime scene; and (b) to establish a safe walking area in the crime scene for reducing the risk of damage to any evidence that may be on the place. (2) Also, a person, other than the responsible officer, must not enter a crime scene unless the person— (a) has a special reason, associated with the investigation, for entering the crime scene; or (b) is a police officer who is asked to enter the crime scene by the responsible officer or an investigating police officer; or (c) is an authorised person. Examples for subsection (2)(a)— 1. A police officer removing someone from the crime scene who should not be there. 2. A police officer investigating the offence. 3. A person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation. (3) However, the responsible officer must ensure the way crime scene powers are exercised does not prevent a fire officer or ambulance officer from doing anything necessary to preserve life or property at a crime scene. (4) In addition, the responsible officer must ensure a record is made of the name of each person who is present when the crime scene is established or enters it after it is established, when each person entered the place after it is established, and the purpose of the entry. ˙ 13 Operational guidelines for investigations at crime scenes 13.1 Investigating police officers at a crime scene should be mindful of investigative procedures that may be critical in preserving or

38 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) obtaining evidence or information that may lead to the apprehension and conviction of an offender. 13.2 In particular, procedures relevant to the following should be applied— (a) identification of witnesses and potential witnesses; (b) interviewing witnesses, including obtaining descriptions of suspected offenders or vehicles; (c) taking from witnesses statements suitable for production in a court; (d) collection and appropriate marking, recording and handling of physical evidence; (e) making a description of the crime scene including a list of observations, for example, for a serious violent offence, about the position of any body or weapon found at the scene; (f) noting the description and location of vehicles at the crime scene; (g) noting any unusual behaviour of a person looking on at the crime scene. 13.3 If appropriate, the investigating police officer should— (a) notify appropriate specialist police officers, for example, scenes of crime officers and scientific officers; and (b) notify the commissioned duty officer; and (c) arrange for any necessary inquiries to be made by other police officers. ˙ Who are authorised persons for crime scene powers 20. Each person who is not a police officer but, in the opinion of the responsible officer, has specialised knowledge or skills of a kind necessary for exercising a power mentioned in section 20(1)(g), (h), (j), (k), (l), (m) or (n) of the Act 26 at a crime scene, and is asked by the responsible officer or by an investigating police officer to exercise the power, is an authorised 26 Section 20 (Powers at crime scene)

39 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) person. Examples— 1. A doctor, pathologist or forensic scientist. 2. A photographer or fingerprint expert. 3. An electrician or carpenter. 4. A person who can operate an excavator or another machine. ˙ Directions by police officers at crime scenes 21.(1) This section applies if it is necessary for a police officer at a crime scene to give 1 of the following directions 27 to a person and the person contravenes the direction— (a) a direction to leave the crime scene or remove a vehicle from the crime scene; (b) a direction not to enter the crime scene; (c) a direction to maintain a continuous supply of electricity at the place. (2) The police officer must, if reasonably practicable— (a) warn the person it is an offence to contravene the direction and the person may be arrested for contravening it; and (b) give the person a reasonable opportunity to comply with the direction. ˙ 14 Operational guideline for directions given at a crime scene 14.1 An example of the suggested wording of a warning is as follows— ‘I warn you that if you fail to comply with the direction I have given you, you commit an offence for which you may be arrested. I am now giving you another opportunity to comply with the direction.’. 27 For the power to give the directions, see the Act, section 20(1)(b), (d) and (i).

40 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) ˙ Application for crime scene warrant 22. An application for a crime scene warrant 28 must state the following— (a) the applicant’s name, rank, registered number and station; (b) whether the application is for a crime scene established under section 17 of the Act 29 or to establish a crime scene; (c) a description of the place where the crime scene is, or is to be, established; (d) whether the crime scene is a primary or secondary crime scene; (e) the name of the occupier of the place, if known; (f) if the crime scene is an occupied place—the name of the occupier of the place, if known, and— (i) if the occupier has been given notice of the application—when the notice was given; or (ii) if the occupier has not been given notice of the application—why notice was not given; (g) the suspected offence to which the application relates, and for a secondary crime scene, when and where the offence was committed, if known; (h) why it is necessary to protect the place to search for and gather evidence of the commission of the suspected offence; (i) information or evidence that may be relied on to reasonably satisfy the issuer of the following— (i) for a primary crime scene—a 7 year imprisonment offence or an offence involving deprivation of liberty happened at the place; (ii) for a secondary crime scene—there may be at the place evidence, of a significant probative value, of the commission 28 See the Act, section 18 (Crime scene warrant). 29 Section 17 (Initial establishment of crime scene).

41 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) of a serious violent offence that happened somewhere else; (j) information about any proceeding started against a person for the offence for which the crime scene is, or is to be, established; (k) information necessary to satisfy the issuer of the things mentioned in section 18(7)(a), (b) and (c) of the Act. 30 ˙ 15 Operational guideline for crime scene warrants 15.1 While it will not always be clear whether the exercise of powers at a crime scene may cause structural damage to a building, the responsible police officer at the crime scene should consider applying to a Supreme Court judge for the issue of a crime scene warrant if there is any suggestion of the likelihood of having to do something that may affect the physical integrity of the building. ˙ Application for extension of crime scene warrant 23. An application for the extension of a crime scene warrant must be accompanied by the original warrant and state the following 31 — (a) the applicant’s name, rank, registered number and station; (b) when and where the crime scene was established; (c) for a crime scene that is an occupied place— (i) if the occupier of the place has been given notice of the application—when the notice was given; or (ii) if the occupier of the place has not been given notice of the application—why notice was not given; (d) what investigations have been conducted at the crime scene; (e) why it is necessary to extend the warrant; 30 Section 18 (Crime scene warrant) 31 Under the Act, section 18(10) the application must be made before the warrant stops having effect.

42 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (f) information about any proceeding started against a person for the offence for which the crime scene was established; (g) the time for which the extension is sought; (h) information necessary to satisfy the issuer of the things mentioned in section 18(7)(a), (b) and (c) of the Act. ˙ Statement to accompany copy of crime scene warrant 24. The statement a police officer must give to the occupier of a place under the Act, section 21 32 must state the following— (a) a crime scene warrant has been issued in relation to the place; (b) the occupier is entitled to a copy of the warrant; (c) the nature of the powers a police officer may exercise at the crime scene; (d) the responsible officer at the crime scene must, as soon as reasonably practicable, state his or her name, rank and station, and, if not in uniform, state he or she is a police officer and produce an identity card for inspection; (e) the occupier may ask another police officer present for his or her name, rank and station and if not in uniform the officer must, if asked, produce an identity card for inspection; (f) the effect of the Act, sections 92, 107, 109, 110, 113, 116, 117 and 119; 33 (g) a copy of the Police Responsibilities Code is available for inspection at any police station. 32 Section 21 (Copy of crime scene warrant to be given to occupier) 33 Sections 92 (Right to remain silent not affected), 107 (Receipt for seized property), 109 (Right to inspect seized documents), 110 (Return of seized things), 113 (Information to be given to arrested person), 116 (Limitation on period of detention for search), 117 (Persons to be given copy of information in register) and 119 (Alternative accommodation to be provided in some cases).

43 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) ˙ 16 Operational guideline for statement to accompany copy of crime scene warrant 16.1 If a police officer reasonably suspects the person to be given a statement to accompany a crime scene warrant does not understand English and a statement is available in a language the person understands, the copy given to the person should be in the language the person understands. ˙ Alternative accommodation for occupier 25. If alternative accommodation is to be provided to an occupier, 34 the accommodation must, if reasonably practicable, be in the same locality as, and of at least a similar standard to, the occupier’s dwelling. † Division 4—Search warrants and notices to produce documents ˙ Application for search warrant 26. An application for a search warrant 35 must state the following— (a) the applicant’s name, rank, registered number and station; (b) a description of the place to be searched; (c) for an occupied place—the name of the occupier of the place, if known; (d) the offence to which the application relates or, for a forfeiture offence, the Act under which a forfeiture proceeding may be started; (e) a description of the nature of the thing sought that is reasonably suspected of being evidence of the commission of the offence; (f) information or evidence that may be relied on to support a 34 See the Act, section 119 (Alternative accommodation to be provided in some cases). 35 See the Act, section 28 (Search warrant).

44 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) reasonable suspicion that evidence of the commission of an offence is at the place, or is likely to be at the place in the next 72 hours; (g) if there are relevant previous search warrants 36 — (i) when and where each warrant was issued; (ii) the type of offence to which each warrant related; (iii) whether anything was seized during a search or any proceeding started after a search; (h) if the application requests authority for the exercise of any of the following powers—the reason it is necessary to exercise the power— (i) power to search anyone found at the place; (ii) power to search anyone or anything in, on or about to be in or on a transport vehicle; (iii) power to take a vehicle to a place with appropriate facilities for searching the vehicle; (iv) power to execute the warrant at night and the hours at night when it is necessary to enter the place; (i) for an application for a direction requiring a person in possession of documents at the place to give to a police officer documents relevant to the offence—the name or position of the person who is to be given the direction. Examples for paragraph (h) — 1. Power to search anyone found at the place may be necessary because the nature of the thing sought may be concealed on a person. 2. Power to search anyone or anything in, on or about to be in or on a transport vehicle may be necessary because the offence relates to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it. 3. Power to take a vehicle to a place with appropriate facilities for searching the 36 See the Act, section 28(4)(b).

45 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) vehicle may be necessary because the nature of the thing sought may be concealed in a vehicle or because the vehicle needs to be scientifically examined. 4. Power to execute the warrant at night may be necessary for an early morning search to prevent the loss or destruction of evidence, or because the occupier is only at the place at night. Example for paragraph (i)— 1. A direction to give a police officer documents may be necessary because the place contains many documents unrelated to the offence or forfeiture proceeding or because the documents are stored electronically, and accessing the relevant documents is difficult. ˙ Applications made after a refusal by a justice 27. A police officer who intends to apply to a magistrate for the issue of a search warrant because of the refusal of a justice to issue a search warrant 37 must tell the magistrate the reason the justice gave for refusing to issue the warrant. ˙ 17 Operational guidelines for applying for a search warrant 17.1 Before a police officer applies for a search warrant, the police officer must check the register for any search warrants issued in the previous year in relation to the place or person to whom the application relates. 38 17.2 Police officers should look to related background information or other factors to verify the reliability of information received. 17.3 Before information given anonymously is relied on for an application for a search warrant, it should be verified by at least 1 factor of a corroborating nature, for example, the proven reliability of information provided in the past by apparently the same anonymous informant. 17.4 If reasonably practicable, a police officer applying for a search warrant must apply to a justice at a Magistrates Court. 37 See the Act, section 28(11) and (12). 38 See also the Act, section 137 (Transitional provision about noncompliance with requirements for warrants etc.).

46 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) 17.5 To avoid any suggestion of bias that may lead a court to question the validity of a warrant, a police officer should not apply to a justice who is a member of the police service. 17.6 When applying for a search warrant, the following steps should be taken— (a) complete the application for the search warrant and the search warrant; (b) attend before an issuer, swear the details contained in the application, and sign it in the presence of the issuer; (c) leave the signed application form with the issuer and retain the warrant after the issuer signs it; (d) make a copy of the signed warrant to be given to the occupier of the place searched and clearly mark it as a copy to avoid it being confused with the original. 17.7 The identity of an informant need not be disclosed when making an application, but the police officer concerned must be prepared to answer any questions the issuer may ask about the accuracy of previous information provided by the informant or any other related matters. ˙ Statement to accompany copy of search warrant 28. The statement a police officer must give to the occupier of a place under the Act, section 30 39 must state the following— (a) a search warrant has been issued in relation to the place; (b) the occupier is entitled to a copy of the warrant; (c) the nature of the powers a police officer may exercise under the warrant; (d) the senior police officer present during the search must, as soon as reasonably practicable, state his or her name, rank and station or, if not in uniform, state he or she is a police officer and produce his or her identity card for inspection; 39 Section 30 (Copy of warrant to be given to occupier)

47 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (e) the occupier may ask another police officer present for his or her name, rank and station and, if not in uniform, he or she must, if asked, produce an identity card for inspection; (f) failure to comply with any direction in the warrant to give to a police officer all documents relevant to the offence mentioned in the warrant may be dealt with as contempt of a Magistrates Court; (g) the effect of the Act, sections 92, 107, 109, 110, 113, 116 and 117; 40 (h) a copy of the Police Responsibilities Code is available for inspection at any police station. ˙ 18 Operational guideline for statement to accompany search warrant 18.1 If a police officer reasonably suspects the person to be given a statement to accompany a search warrant does not understand English and a statement is available in the language the person understands, the copy given to the person should be in the language the person understands. ˙ 19 Operational guideline for powers relating to search under warrant 19.1 Before a police officer searches a place under a search warrant, the police office coordinating the search must— (a) check the time of the day or night when the place may be searched under the warrant; and (b) locate the place and, as far as possible and convenient, visually examine it and its surroundings; and (c) tell police officers who are to help search the place— 40 Sections 92 (Right to remain silent not affected), 107 (Receipt for seized property), 109 (Right to inspect seized documents), 110 (Return of seized things), 113 (Information to be given to arrested person), 116 (Limitation on period of detention for search) and 117 (Persons to be given copy of information in register)

48 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (i) the purpose of the search; and (ii) the person or persons thought to be resident or otherwise in the place; and (iii) whether a dangerous situation may arise; and (iv) all nonconfidential information known about the place; and (v) anything else relevant to the purpose of the search or the safety of the police officers. ˙ 20 Operational guidelines for executing a search warrant 20.1 For an effective search, a planned approach should be adopted according to resources available and the nature of the search, and appropriate recording procedures followed. 20.2 Police officers should treat a search scene in the same way as they would a crime scene. 20.3 Evidence should be preserved and specialists should be used if necessary. 20.4 If possible, police officers should not conduct searches alone as searches conducted in the company of other police officers and in the presence of an owner or occupier should help provide corroboration in any later proceeding and avoid allegations of misconduct. 20.5 Taking photographs of the search scene and of anything seized at the place where it is found will later help a court decide questions of fact. ˙ Application for order approving search to prevent loss of evidence 29. An application for an order approving a search to prevent loss of evidence 41 must state the following— (a) the applicant’s name, rank, registered number and station; 41 Applications are made under the Act, section 31 (Search to prevent loss of evidence).

49 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (b) information or evidence that was relied on to support— (i) a reasonable suspicion that, in the circumstances existing before the search, evidence of the commission of an offence was at or about the place, or in the possession of a person at or about the place; and (ii) a reasonable likelihood that the evidence would have been concealed or destroyed in the circumstances existing before the search unless the place was immediately entered and searched; (c) in relation to the thing sought—the type of offence, or the Act under which a forfeiture proceeding may be started; (d) the nature of the thing sought that was reasonably suspected of being evidence of the commission of an offence; (e) the time, date and place of the search; (f) a description of anything seized because of the search; (g) if known—the name, address and age of any person detained or searched; (h) information about any proceeding started against a person before or because of the search, for any offence in relation to which the search was conducted; (i) why an order for the retention, disposal, return or destruction of anything seized should be made. ˙ Appeals against order by magistrate 30.(1) This section applies if a police officer considers an appeal should be filed against a decision of a magistrate to order the disposal, destruction or return of anything seized because of a search to prevent loss of evidence. 42 (2) The police officer must give to the commissioner a report explaining 42 See the Act, section 31 (Search to prevent loss of evidence).

50 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) the reasons for appealing against the order. (3) The report must be accompanied by— (a) a copy of the application; and (b) a copy of any transcript of the proceeding; and (c) an affidavit identifying any relevant document and containing anything else relevant to the appeal. (4) The commissioner must decide whether to appeal against the order. ˙ Application for notice to produce 31. An application for a notice to produce must state the following 43 — (a) the applicant’s name, rank, registered number and station; (b) the name of the financial institution to be given the notice; (c) the suspected offence to which the application relates or, for a forfeiture proceeding, the Act for which the proceeding may be started; (d) the nature of the documents sought; (e) information or evidence that may be relied on to support a reasonable suspicion that documents held by the institution may be evidence of the commission of the offence; (f) for a notice relating to an offence—the financial institution is not a party to the offence; (g) if there are relevant previous notices to produce 44 — (i) the date and place each notice was issued; and (ii) the offence to which each notice related; and (iii) whether anything was seized or any proceeding started 43 See the Act, section 32 (Notice to produce documents). 44 See the Act, section 32(3)(b).

51 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) because of a notice. Examples for paragraph (d) — 1. Documents relating to transactions conducted by B between 31 December 1993 and 1 July 1995. 2. Documents relating to mortgages or property sales to which B is a party. ˙ 21 Operational guideline for notice to produce 21.1 Before a police officer applies for a notice to produce, the police officer must check the register for any notices issued in the previous year in relation to the person to whom the application relates. 45 ˙ Notice to produce—privileged communications 32.(1) If a financial institution claims documents it produces under a notice to produce contain privileged communications between the financial institution and someone else, the police officer receiving the documents must ask for whom and on what ground the claim is made and record the answers given. (2) Also, the police officer must— (a) place the documents in a sealed container or envelope; and (b) seal the container or envelope; and (c) sign the seal on the container or envelope; and (d) ask the person producing the documents for the financial institution to sign the seal; and (e) tell the person producing the documents for the financial institution the documents will be retained and an application will be made for an order for access to the documents. 46 45 See also the Act, section 137 (Transitional provision about noncompliance with requirements for warrants etc.). 46 See the Act, section 33 (Procedural requirements—notice to produce).

52 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (3) The application for an order for access to the documents must state the following— (a) the applicant’s name, rank, registered number and station; (b) the name of the financial institution; (c) the financial institution has produced documents it claims contain privileged communications; (d) the nature of the documents sought under the notice; (e) an outline of any reason given by the financial institution for the claim made; (f) when notice of the application was given to the financial institution; (g) why access to the documents is necessary; (h) the type of order sought. (4) The application must be accompanied by a copy of the application for the notice to produce, the notice to produce given to the financial institution, and the sealed container or envelope. † Division 5—Surveillance and covert search ˙ Application of division 33. This division applies to the functions of a police officer in relation to surveillance warrants and covert search warrants. ˙ Certain applications to be made with help of lawyer 34. A police officer who may apply for either of the following warrants 47 47 Under the Act, sections 68 (Surveillance warrants) and 74 (Covert search warrants), applications may only be made by a police officer of at least the rank of inspector.

53 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) must, if reasonably practicable, make the application with the help of the director of public prosecutions or a lawyer approved by the commissioner— (a) a surveillance warrant for a class A device or a class A and a class B device to be used together; (b) a covert search warrant. ˙ Application for surveillance warrant 35. An application for a surveillance warrant 48 must state the following— (a) the applicant’s name, rank, registered number and station; (b) the class and type of device to be used under the warrant; (c) the serious indictable offence to which the application relates or, for a class B device, the indictable offence to which the application relates; (d) if the application relates to a person— (i) the applicant reasonably believes the person has been, is, or is likely to be, involved in the offence; and (ii) the person’s name, if known; and (iii) a description of the class of place where the person is likely to be; and (iv) if the application is for use of a device in a public place where the person is likely to be—that fact; (e) if the application relates to a place the applicant reasonably believes has been, is being, or is likely to be involved in the commission of the offence—a description of the place; (f) if the application is— (i) for a class A device that is a tracking device or a class B 48 See the Act, section 68 (Surveillance warrants).

54 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) device—that the device is for use in a vehicle or other moveable object relating to the offence or the person; or (ii) to install a visual surveillance device in a dwelling—the parts of the dwelling in which the device is proposed to be installed; or (iii) for use of a class A device in the office of a practising lawyer—the person is a practising lawyer and the device is to be used in the person’s office; (g) if there are relevant previous warrants, 49 for each warrant— (i) the class of device to which the warrant related; and (ii) when and where the warrant was issued; and (iii) how long the warrant was in force; and (iv) whether the warrant related to a person or a place; and (v) the type of offence to which the warrant related; (vi) any evidence seized during a previous search; and (vii) how a previous covert search or surveillance warrant helped in the investigation or another investigation; and (viii)any proceedings started after the search or use of the surveillance device; (h) information or evidence of any of the following that may be relied on to support a reasonable belief that an offence stated in the application has been, is being, or is about to be, committed— (i) for an application relating to a person—that the person has been, is, or is likely to be, involved in the commission of the offence; (ii) for an application relating to a place—that a person at the place has been, is, or is likely to be, involved in the commission of the offence; 49 See the Act, section 68(5)(b).

55 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (iii) for an application for use of a class A device in the office of a practising lawyer—that the lawyer is involved in the offence; (i) information necessary to satisfy the issuer of the things mentioned in the Act, section 68(10); (j) for an application for a class A device that is a tracking device or a class B device—a description of how the use of the device in or on any vehicle or other moveable object relating to the offence or a person involved in the offence, is likely to assist in the investigation of the offence. Examples of a class of place for paragraph (d)(iii)— 1. A rental car. 2. A motel room. 3. A warehouse at Rocklea. Examples of a description of a place for paragraph (e)— 1. A dwelling house, garage and storage shed at 300 Trudgian Street, Sunnybank. 2. A warehouse and office area at 150 Shankhill Road, Rocklea. ˙ Application for extension of surveillance warrant 36. An application for an extension of a surveillance warrant must state the following— (a) the applicant’s name, rank, registered number and station; (b) the class and type of device being used under the warrant; (c) the serious indictable offence or, for a class B device, the indictable offence, to which the warrant relates; (d) the particulars of the person or place stated in the warrant; (e) if there are relevant previous warrants, 50 for each warrant— 50 See the Act, section 68(5)(b).

56 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (i) when and where the warrant was issued; and (ii) how long the warrant was in force; and (iii) the class of device to which the warrant related; and (iv) whether the warrant related to a person or a place; and (v) the type of offence to which the warrant related; (f) information or evidence of any of the following that may be relied on to support a reasonable belief that an offence of the type stated in the application has been, is being, or is about to be, committed— (i) for an application relating to a person—that the person has been, is, or is likely to be, involved in the commission of the offence; (ii) for an application relating to a place—that a person at the place has been, is, or is likely to be, involved in the commission of the offence; (iii) for an application for use of a class A device in the office of a practising lawyer—that the lawyer is involved in the offence; (g) information necessary to satisfy the issuer of the things mentioned in the Act, section 68(10); (h) for an application for a class A device that is a tracking device or a class B device—a description of how the use of the device in or on any vehicle or other moveable object relating to the offence or a person involved in the offence, is likely to assist in the investigation of the offence. ˙ 22 Operational guidelines for application for surveillance warrant or extension of surveillance warrant 22.1 Police officers should look to related background information or other factors to verify the reliability of information received. 22.2 Before information given anonymously is relied on for an

57 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) application for a surveillance warrant or covert search warrant, it should be verified by at least 1 factor of a corroborating nature, for example, the proven reliability of information provided in the past by apparently the same anonymous informant. 22.3 The identity of an informant need not be disclosed when making an application, but the officer concerned should be prepared to deal with any questions the issuer may have about the accuracy of information provided by that source or any other related matters. 22.4 Before a police officer applies for a surveillance warrant or an extension of a surveillance warrant, the police officer must ensure a check is made of the register for any warrants issued in the previous year in relation to the place or person to whom the application relates. 51 22.5 The applicant must also cause a record to be made in the register of applications for surveillance warrants as soon as reasonably practicable after the application is made. ˙ 23 Operational guideline for emergency use of surveillance devices 23.1 A police officer authorising the emergency use of a surveillance device should consider the alleged conduct or threatened conduct and whether it is likely that using a surveillance device will help reduce any perceived risk of serious injury to a person. ˙ Application for approval of emergency use of surveillance devices 37.(1) This section applies if, under the Act, a police officer of at least the rank of inspector authorises the use of a surveillance device. 52 (2) An application for approval by a Supreme Court judge of the authorisation must state the following— (a) the applicant’s name, rank, registered number and station; 51 Under section 68(5)(b), information about previous warrants must be included in the application. See also the Act, section 137 (Transitional provision about noncompliance with requirements for warrants etc.). 52 See the Act, section 69 (Emergency use of surveillance devices).

58 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (b) when the applicant authorised the use of the surveillance device; (c) whether the application relates to the use of a class A device or class B device; (d) a description of— (i) the place or moveable object where the device was used; and (ii) the type of surveillance device used at the place or on the moveable object; (e) if known—the identity of the person allegedly responsible for the risk of serious injury to a person; (f) information or evidence that may be relied on to support a reasonable belief that, when the police officer authorised the use— (i) there was a risk of serious injury to a person; and (ii) using a surveillance device may help reduce the risk; (g) how using the device helped reduce the risk of serious injury to a person; (h) anything necessary to satisfy the issuer of the things mentioned in section 68(10) of the Act. ˙ 24 Operational guideline for application for approval of emergency use of surveillance devices 24.1 The applicant must cause a record to be made in the register of applications for surveillance warrants as soon as reasonably practicable after the application is made. ˙ 25 Operational guidelines for powers relating to installation of surveillance device 25.1 Before a person enters a place to install a surveillance device, the police officer coordinating the installation of the device must ensure the warrant is still in force and be reasonably satisfied of the following— (a) if the warrant authorises entry to a specified place—the place

59 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) to be entered is the specified place; (b) if the warrant authorises entry to a specified class of place— (i) the place to be entered is a place of the specified class; and (ii) the person specified in the warrant is, or is likely to be, in the place; (c) if the warrant authorises the use of a listening device in a public place—the person specified in the warrant is, or is likely to be, in the place; (d) if the warrant authorises the installation of a class A device that is a tracking device, or a class B device, in a vehicle or another moveable object— (i) the vehicle is carrying or will carry something or someone involved in the offence for which the warrant was issued; or (ii) the moveable object is or may contain something related to the offence or a person involved in the offence. 25.2 Also, the police officer must ensure compliance with any condition of the issue of the warrant. ˙ Powers relating to use of surveillance device 38.(1) Unless authorised under the warrant, the authorised interceptor must suspend the use of a listening device if a relevant conversation being intercepted starts, or is about to start, and the conversation is between a person and his or her lawyer ( “relevant conversation” ). (2) The authorised interceptor may resume the use of a listening device suspended under subsection (2) in relation to a relevant conversation— (a) to decide if the conversation has ended; or (b) after the conversation ends. (3) The police officer coordinating the investigation to which the warrant relates must, as soon as reasonably practicable after the warrant ends, cause

60 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) to be made in the register of applications for surveillance warrants 53 the entries required under section 102. 54 ˙ 26 Operational guideline for powers relating to use of surveillance device 26.1 Before using a listening device, or a listening device together with a visual surveillance device, under a surveillance warrant, an authorised interceptor must ensure— (a) the surveillance warrant authorises the use of a class A device; and (b) compliance with any conditions of the issue of the warrant. ˙ Report on activities under a surveillance warrant 39.(1) This section applies if, as a condition of a surveillance warrant, a Supreme Court judge imposes a condition requiring a report on activities under the warrant to be given to the Supreme Court judge. (2) Within the time stated in the condition, the police officer coordinating the investigation must ensure a report complying with this section is given to the Supreme Court judge. (3) The report must be accompanied by a copy of the warrant and state the following— (a) the reporting police officer’s name, rank, registered number and station; (b) when the warrant was issued; (c) the type of serious indictable offence or, for a class B device, the type of indictable offence, to which the warrant relates; (d) when the use of the surveillance device started; 53 The register is kept under the Act, section 78 (Register of surveillance and covert search warrants and applications). 54 Section 102 (Covert search warrants and surveillance warrants).

61 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (e) if the warrant has ended—the surveillance device is no longer being used; (f) the facts and circumstances of compliance with the warrant and any of its conditions of issue; (g) for a warrant authorising the use of a listening device or a visual surveillance device— (i) whether any recording, photograph or transcript kept, includes information not related to the offence mentioned in the warrant; and (ii) whether the information relates to an investigation of another indictable offence started because of information obtained under the warrant or is linked to another offence under investigation; and (iii) how long the listening device or visual surveillance device was used under the warrant; and (iv) how many people were involved in the conversation or the activity monitored and, if known, each person’s identity. ˙ Security of facilities used under a surveillance warrant 40.(1) This section applies to premises containing equipment being used to electronically record a conversation or visual images under a surveillance warrant for a class A device. (2) The premises must— (a) be capable of being locked; and (b) have suitable facilities for securely storing any recording made under the warrant; and (c) be used in a way that prevents anyone outside it from hearing or seeing anything being listened to or monitored. (3) An authorised interceptor must take reasonable steps to ensure— (a) only police officers helping or involved in the investigation ( “case

62 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) officers” ), authorised interceptors, and others authorised under subsection (4) enter the premises; and (b) the premises are locked when unattended; and (c) when the premises are unattended, any recordings made under the warrant are securely stored at the premises or another secure place; and (d) a case officer stores any recordings taken from the premises in a secure place. (4) The other persons who may enter the premises are as follows— (a) the police officer who applied for the surveillance warrant; (b) persons responsible for the management of the premises; (c) persons appointed by the commissioner to investigate misconduct; (d) anyone else the authorised interceptor permits to be present for helping in the investigation. (5) Only a case officer may take a recording made under a surveillance warrant from the facility. ˙ Storage of recordings made under a surveillance warrant 41. A person must not remove information obtained under a surveillance warrant or transcripts of recordings made under the warrant from the secure place in which the information or recording is kept, other than for 1 of the following purposes— (a) to take it to another secure place; (b) to disclose it to someone to whom relevant information may be disclosed; 55 (c) to destroy it. 55 For authorised disclosure, see the Act, section 71 (Disclosure of information obtained using surveillance warrant).

63 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) ˙ Destruction of recordings made under a surveillance warrant 42.(1) This section applies if a provision of the Act or an order of a Supreme Court judge requires the destruction of information obtained under a surveillance warrant or any transcripts of recordings made under the warrant. (2) If the information is an audio or video recording, the recording must be destroyed by incinerating it or electronically or magnetically erasing it. (3) If the information is a transcript, the transcript must be destroyed by incinerating or shredding it. ˙ Application for covert search warrant 43. An application for a covert search warrant must state the following— (a) the applicant’s name, rank, registered number and station; (b) a description of the place to be searched; (c) the type of organised crime related offence to which the application relates; (d) for an occupied place—the name of the occupier of the place and any person reasonably suspected of being involved in the offence, if known; (e) a description of the nature of the thing sought that is reasonably suspected of being evidence of the commission of an offence relating to organised crime; (f) information or evidence that may be relied on to satisfy a judge there are reasonable grounds for believing there is at a place evidence of the organised crime; (g) if there are relevant search warrants, covert search warrants or surveillance warrants, 56 for each warrant— (i) the type of warrant and, for a surveillance warrant—the class 56 See the Act, section 74(2)(b).

64 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) of device to which the warrant related; and (ii) when and where the warrant was issued; and (iii) for a surveillance warrant or covert search warrant—how long the warrant was in force; and (iv) whether the warrant related to a person or a place; and (v) the type of offence to which the warrant related; and (vi) any evidence seized during a previous search; and (vii) how a previous covert search or surveillance warrant helped in the investigation or another investigation; and (viii)any proceedings started after the search or use of the surveillance device; (h) anything necessary to satisfy the Supreme Court judge of the things mentioned in section 74(6) of the Act. ˙ 27 Operational guidelines for applications for covert search warrants 27.1 Police officers should look to related background information or other factors to verify the reliability of information received. 27.2 Before information given anonymously is relied on for an application for a surveillance warrant or covert search warrant, it should be verified by at least 1 factor of a corroborating nature, for example, the proven reliability of information provided in the past by apparently the same anonymous informant. 27.3 The identity of an informant need not be disclosed when making an application, but the officer concerned should be prepared to deal with any questions the issuer may have about the accuracy of information provided by that source or any other related matters. 27.4 As soon as reasonably practicable after the application is made, the applicant must cause a record of the making of the application

65 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) to be made in the register of applications for a covert search warrants . 57 ˙ Application for extension of covert search warrant 44. An application for an extension of a covert search warrant must state the following— (a) the applicant’s name, rank, registered number and station; (b) a description of the place to be searched; (d) for an occupied place—the name of the occupier of the place and any person reasonably suspected of being involved in the offence, if known; (e) the type of organised crime related offence to which the warrant relates; (f) a description of the nature of the thing sought that is reasonably suspected of being evidence of the commission of an offence relating to organised crime; (g) information or evidence that may be relied on to satisfy a judge there are reasonable grounds for believing there is at the place evidence of organised crime; (h) in relation to any relevant search warrant, covert search warrant or surveillance warrant, 58 for each warrant— (i) information about the type of warrant and, for a surveillance warrant—the class of device to which the warrant related; and (ii) when and where the warrant was issued; and (iii) for a surveillance warrant or covert search warrant—how long the warrant was in force; and 57 For information about the register, see section 102 (Covert search warrants and surveillance warrants). 58 See the Act, section 74(2)(b).

66 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (iv) whether the warrant related to a person or a place; and (v) the type of offence to which the warrant related; and (vi) any evidence seized during the search; and (vii) how a covert search warrant or surveillance warrant helped in the investigation or another investigation; and (viii)any proceedings started after the search or use of the surveillance device; and (j) anything necessary to satisfy the Supreme Court judge of the things mentioned in section 74(6) of the Act. ˙ 28 Operational guideline for applications for extension of covert search warrants 28.1 As soon as reasonably practicable after the application is made, the applicant must cause a record of the making of the application to be made in the register of applications for covert search warrants. 59 ˙ Powers under a covert search warrant 45. Unless a court otherwise orders, anything seized under a covert search warrant must be dealt with in the way specified in part 4. 60 ˙ 29 Operational guidelines for powers under covert search warrants 29.1 Before a person enters a place specified in a covert search warrant, the police officer coordinating the search must ensure the warrant is still in force. 29.2 A police officer must— 59 For information about the register, see section 102 (Covert search warrants and surveillance warrants). 60 Part 4 (Dealing with things seized)

67 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (a) be reasonably satisfied the place to be entered is the place specified in the warrant; and (b) ensure compliance with any condition on the warrant. 29.3 As soon as reasonably practicable after a covert search is made, the applicant must cause a record of the search to be made in the appropriate register. ˙ Report on covert search 46. A report on the exercise of powers under a covert search warrant must be accompanied by a copy of the warrant and state the following 61 — (a) the reporting police officer’s name, rank, registered number and station; (b) when and where the warrant was issued; (c) the organised crime related offence mentioned in the warrant; (d) when the powers under the warrant were exercised; (e) the facts and circumstances of compliance with the warrant and any conditions of its issue; (f) particulars of anything seized, inspected or photographed under the warrant; (g) a description of any order sought in relation to anything seized or photographed under the warrant and the reason for the order. Examples of order for paragraph (g)— 1. An order that anything seized and any photograph taken be retained for the purpose of the investigation of the organised crime related offence or another serious indictable offence. 2. An order that anything seized and any photograph taken be retained for the purpose of a proceeding started under the Crimes (Confiscation) Act 1989 relating to an offence arising out of the investigation. 3. An order that anything seized and any photograph taken be retained for use as 61 See the Act, section 76 (Report on covert search).

68 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) evidence in the prosecution of the persons named in the application. 4. An order that a thing seized be destroyed in a way specified in the Police Responsibilities Code. † PART 4—DEALING WITH THINGS SEIZED † Division 1—Introduction and general requirements ˙ Explanation for pt 4 47.(1) This part deals with responsibilities relating to the powers under the Act that allow a police officer to take possession of a thing under the Act, section 14, or to seize a thing. (2) Some of the standard safeguards in the Act and other safeguards in this part also apply. 62 (3) Nothing in the Act or this code affects the authority of an officer to take something with the consent of the person in lawful possession of the thing if no search power exists. (4) However, before a police officer takes something with the consent of the person in lawful possession of the thing, the police officer must tell the person that he or she need not give the consent. ˙ Responsibilities of police officer who seizes a thing under the Act 48.(1) A police officer who seizes a thing under the Act must ensure the thing is delivered to a property point or given to a property officer as soon as reasonably practicable after it is seized, unless— (a) the thing is earlier returned, destroyed or disposed of under the 62 See the Act, part 12 (Standard safeguards), divisions 4 (Safeguards for things seized during searches) and 5 (Other safeguards).

69 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) Act or this code; or (b) it is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing. (2) However, if the police officer keeps a thing under subsection (1)(b), the police officer must, as soon as reasonably practicable, record in the register the reason for keeping it. (3) The police officer must deliver a thing kept under subsection (1)(b) to a property officer or property point as soon as reasonably practicable after the reason for keeping it ends. (4) Until the police officer delivers the thing to a property officer or property point, the police officer is responsible for the safe keeping of the thing. (5) The police officer must make reasonable inquiries, or ensure all reasonable inquiries are made, to locate any lawful claimant to the thing seized and facilitate the lawful disposal or return of the thing to the owner or person who had lawful possession of the thing before it was seized. (6) Also, if necessary, the police officer must, as soon as reasonably practicable— (a) photograph the thing or arrange for it to be photographed; and (b) arrange for any necessary test or examination of the thing; and (c) gather or generate any other available secondary evidence in relation to the thing seized; and (d) unless circumstances require its retention at a property point—return the thing to the owner or person who had lawful possession of the thing before it was seized. Examples for subsection (6)(d)— 1. A weapon that was used to threaten or harm another. 2. A document or money that must be retained so it can be shown to a court. 3. For an offence involving property, for example, stealing or fraud, ownership of the property is in doubt or the suspect denies the offence and maintains a claim to the property.

70 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) 4. A thing with particular characteristics that would tend to prove a matter before a court and can not be explained or presented in another way. 5. A thing that was seized during a covert search. ˙ 30 Operational guideline for delivering anything seized to a property point 30.1 If an officer decides to retain a thing seized for use as direct evidence, the officer should be in a position to justify the decision. ˙ Receipt for seized property 49. A receipt given for a thing seized 63 must include the following— (a) the date and time the thing was seized; (b) if taken from a person—the name, address and telephone contact number of the person, if known; (c) if taken from an occupied place—the name, address and telephone contact number of the occupier of the place, if known; (d) a description of the thing seized; (e) the name, rank, station and telephone contact number of the police officer who seized the thing; (f) where the thing will be taken, if known; (g) the date the receipt is issued. ˙ 31 Operational guideline for receipts for seized things 31.1 It may not be reasonably practicable for a police officer on beat duties to carry a receipt book for seized things. 63 See the Act, section 107 (Receipt for seized property).

71 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) ˙ Disposal of perishable things seized 50.(1) This section applies if— (a) a police officer seizes something, other than a dangerous drug, that is perishable; and (b) either— (i) the thing can not be returned to the owner or the person who had lawful possession of it before it was seized; or (ii) the owner or person who had lawful possession of the thing before it was seized can not be contacted to obtain directions about how to deal with the thing. (2) The police officer or a property officer must dispose of the thing in a way that— (a) does not cause an actual or apparent conflict of interest; and (b) benefits the community generally or a community group. Examples for subsection (2)(a)— 1. A friend, relative or business associate of the property officer will benefit from the disposal of the thing seized. 2. Circumstances may give rise to claims of an unfair advantage to any person or organisation. Example for subsection (2)(b)— Vegetables that are suspected of being stolen may be given to a community organisation running a kitchen to feed the homeless. (3) If the property officer reasonably suspects the thing seized is unfit for human consumption or can not be disposed of in a way that satisfies subsection (2), the property officer must dispose of it in a way that does not cause danger to anyone or the community generally.

72 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) † Division 2—Retaining anything seized ˙ Establishment of places for keeping things seized 51.(1) Each police station is a property point for this code. (2) Also, the commissioner may establish as a property point for a thing or a particular class of thing seized under the Act— (a) a police establishment; or (b) another place the commissioner considers provides safe and secure storage for a thing or class of thing seized. Examples for subsection (2)(b) — 1. A mini-storage shed hired for a limited time at the end of an investigation. 2. A place kept by a government entity for the storage and destruction of drugs, poisons and other chemicals. 3. A vehicle holding yard whether or not the property of the commissioner. 4. A livestock holding area. 5. A bank night safe facility. 6. A safe or drop safe. 7. Another secure place, suitable for the safe storage of a thing seized, either permanently or for a limited time. (3) Unless the place is a police establishment, the commissioner may only establish a property point with the consent of the occupier of the place. ˙ Appointment of property officers for keeping things seized 52.(1) The commissioner may appoint either of the following persons as property officers on conditions the commissioner considers appropriate— (a) a member of the police service; (b) with the consent of the chief executive of a government entity other than the police service—an officer or employee of the government entity.

73 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (2) A property officer must perform the functions of a property officer to the extent required under the appointment. (3) If the commissioner does not appoint a person as a property officer for a particular property point, the officer in charge of a police station or police establishment in the district in which the property point is established is the property officer for the particular property point for this code. ˙ Functions of property officer 53.(1) A property officer has the following functions— (a) to receive anything seized by a police officer under the Act; (b) to keep records of anything received at the property point or by the property officer, including— (i) the date the thing was received; and (ii) the particulars of the police officer who seized the thing; and (iii) a description of the thing seized; and (iv) if it is removed from the property officer’s custody—when and why it left the property officer’s custody and when it was returned; (c) to ensure the safe and secure storage at the property point of the thing seized; (d) if appropriate—to transfer or arrange the transfer of the thing seized to— (i) another property point for its safe and secure storage; or (ii) another place for destruction or disposal; (e) if required by this code or an order made under the Act or any other Act—to destroy or dispose of the thing seized in the way specified under this code; (f) if the thing is money other than money, that must be retained so it can be used as an exhibit in a court—depositing the money in a financial institution account operated by the police service.

74 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (2) Also, as soon as reasonably practicable after the property officer receives a seized thing, the property officer must ensure the thing is capable of being easily identified. Example for subsection (2)— The thing may have attached to it a label or tag with a number or other identifier identical to the number or identifier the property officer has assigned to the thing in the record. † Division 3—Dealing with dangerous drugs, things relating to dangerous drugs, and controlled substances ˙ Application of division 54. This division applies only to a thing seized under the Act that a police officer reasonably suspects is 1 of the following— (a) a dangerous drug; (b) a thing used in or for manufacturing a dangerous drug; (c) a thing that has been used or is for use in the administration, consumption or smoking of a dangerous drug and has no intrinsic value. Example for paragraph (b)— A controlled substance. Example for paragraph (c)— A soft drink can used to smoke cannabis resin. ˙ Destruction of dangerous drugs etc. where seized 55.(1) A police officer who seizes a thing must destroy the thing seized, or ensure the thing seized is destroyed if— (a) the thing is a dangerous drug, a controlled substance or another thing used in or for manufacturing a dangerous drug; and (b) it is not reasonably practicable to retain the thing or take it to or

75 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) keep it at a property point; and (c) it is necessary to destroy the thing at the place where it is seized— (i) to prevent the thing being used in the commission of an offence; or (ii) because an analyst considers it is in the interests of health or safety of any person or the community generally to destroy it. (2) The police officer must ensure a record is made of— (a) the type of dangerous drug or controlled substance the thing is suspected to be, and as far as reasonably practicable— (i) the weight or volume of the thing destroyed; or (ii) for plants—the number and height of the plants destroyed; and (b) anything else destroyed that is reasonably suspected of being used in or for manufacturing a dangerous drug. Example of a record for subsection (2)(a)(ii)— Photographs showing the number and height of the plants. (3) The police officer must, if reasonably practicable, take a sample of the thing seized, or ensure a sample of the thing seized is taken, for analysis. (4) Also, the police officer must, if reasonably practicable, remove or cause to be removed, the residue of anything destroyed under this section. ˙ Dealing with dangerous drugs or controlled substances 56.(1) This section applies if a property officer retains at a property point a thing seized that is reasonably suspected of being a dangerous drug or a controlled substance. (2) The property officer must record the type of dangerous drug or controlled substance the thing is suspected to be and, as far as reasonably practicable—

76 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (a) the weight or volume of the thing; or (b) for plants—the number and height of the plants. (3) If it is not reasonably practicable to retain all of the thing seized, the property officer must keep a sample of the thing for analysis or for use as evidence in a proceeding for an offence of which the thing is evidence. (4) If retention of the thing, part of the thing, or a sample of it is no longer required for analysis or as evidence in a proceeding, the property officer must destroy the thing or arrange for it to be destroyed— (a) within 28 days after it is seized; or (b) as soon as reasonably practicable after an order to destroy the thing is made under the Act or another Act. ˙ Destruction of things used in the administration of a dangerous drug 57.(1) If a property officer is reasonably satisfied a thing seized— (a) has been used, or is for use, in the administration, consumption or smoking of a dangerous drug; and (b) has no intrinsic value; and (c) is no longer required as evidence in a proceeding; the property officer must destroy the thing in a way that prevents the thing being used in the commission of an offence. Example for subsection (1)— A pipe used for smoking cannabis and made from an orange juice container, hose and a steel cone may be destroyed by cutting the juice container and hose into unusable pieces and breaking the cone with a hammer. (2) The property officer must destroy the thing within 28 days after it is seized under the Act or as soon as reasonably practicable after an order to destroy the thing is made under the Act or another Act.

77 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) (3) If the property officer disposes of a thing that is a hypodermic syringe or needle in a way required under the Drugs Misuse Regulation 1987, the thing is taken to have been destroyed. 64 ˙ Destruction of dangerous drugs etc. 58.(1) Unless a court otherwise orders, if a thing seized is a controlled substance, the thing must be destroyed— (a) in a way decided by an analyst; and (b) by either of the following— (i) the Government Chemical Laboratory; (ii) a person licensed under the Environmental Protection Act 1994 to dispose of or destroy toxic waste. (2) If a thing seized is a dangerous drug, the thing must be destroyed in one of the following ways— (a) for plant material—by high-temperature or low-temperature incineration; (b) for a dangerous drug in the form of a powder— (i) by high-temperature incineration; or (ii) by dilution; (c) for a dangerous drug in the form of a tablet— (i) by high-temperature incineration; or (ii) by crushing it into a powder and diluting it. (3) Unless a court otherwise orders, if a thing seized is something used in or for manufacturing a dangerous drug, the thing must be destroyed in a way that prevents it being used in or for manufacturing a dangerous drug. (4) A person who destroys a controlled substance, dangerous drug or a 64 Drugs Misuse Regulation 1987 , see section 9 (Prescribed procedures for the disposal of hypodermic syringes and needles).

78 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) thing used in or for manufacturing a dangerous drug, must, before destroying the thing, have regard to the following— (a) the Workplace Health and Safety Act 1995 ; (b) the safety of the community generally; (c) how effective the way of destroying the drug, substance or thing will be in preventing it from being used in or for the commission of an offence; (d) the impact destroying the drug, substance or thing may have on the environment. (5) Also, unless section 55 65 applies, a thing that is a dangerous drug or a controlled substance must be destroyed in the presence of a police officer of at least the rank of inspector or another person authorised by the commissioner, unless the thing is destroyed by or in the presence of either of the following— (a) an analyst at a government chemical laboratory; (b) an officer of the department within which the Health Act 1937 is administered. (6) In this section— “dangerous drug” includes ephedrine and pseudoephedrine. “high-temperature incineration” means incineration using a device designed to incinerate things at a temperature of at least 1 200º C. “low-temperature incineration” means incineration that is not high-temperature incineration. 65 Section 55 (Destruction of dangerous drugs etc. where seized)

79 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) † Division 4—Applications for orders relating to things seized ˙ Order after property seized 59. An application for an order relating to seized property 66 must state the following— (a) the applicant’s name, rank, registered number and station; (b) a description of the thing seized; (c) the circumstances of the seizure, including, for example, if the thing was seized under a search warrant; (d) relevant information about the thing seized including, for example, the following— (i) the nature of any interest a person has in the thing; (ii) the appropriate value of the thing; (iii) whether the thing may be needed as evidence in a proceeding and the type of offence or forfeiture proceeding for which it may be evidence; (e) the order sought; (f) the reasons for seeking the order. 66 See the Act, section 108 (Requirements after property is seized).

80 Police Powers and Responsibilities Regulation 1998 SCHEDULE 2 (continued) † PART 5—ARREST, TREATMENT AND QUESTIONING OF PERSONS † Division 1—Introduction ˙ Explanation for pt 5 60.(1) This part deals with responsibilities relating to the powers under the Act that allow a police officer to question someone or start a proceeding against someone. (2) Some of the standard safeguards in the Act and other safeguards in this code may also apply. ˙ 32 Operational guidelines for information about persons in custody or under arrest 32.1 This guideline applies if a police officer takes a person who— (a) is under arrest; or (b) is not under arrest but in custody; to a crime scene or somewhere else for the investigation or as part of an investigation of an offence. 32.2 Before taking the person to a police station or watch-house, the police officer must ensure relevant information about the person is recorded in the register as soon as reasonably practicable, for example, by contacting a person at a police station by radio and asking the person to make relevant entries about the person in the register. † Division 2—Questioning suspects about indictable offences ˙ Application of div 2 61. This division only applies to indictable offences.