Obstructing or hindering a person executing a crime scene warrant is an offence under section 96(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that you knowingly obstructed or hindered a person who was executing a crime scene warrant.
Section 94 of the Act provides that a police officer may apply to an authorised officer for a crime scene warrant if the officer suspects on reasonable grounds such a warrant is necessary to preserve, search for or gather evidence at a specified premises that relates to a serious indictable offence or any offence that is being, was or may have been committed in connection with a traffic accident that has resulted in death or serious injury.
An authorised officer includes a magistrate or registrar of a Local Court and any employee of the Attorney General’s Department who is authorised to issue a crime scene warrant.
A serious indictable offence is one that carries a maximum penalty of at least 5 years in prison.
An authorised officer may grant the warrant if satisfied there are reasonable ground for doing so.
Crime scene warrants authorise police and those they direct to enter a specified premises and establish a crime scene.
Section 95 of the Act provides that a crime scene warrant additionally authorises officers and those they direct at or in relation to a crime scene to:
(a) direct a person to leave or remove a vehicle, vessel or aircraft,
(b) remove a person who fails to comply with a direction to leave or remove a vehicle, vessel or aircraft,
(c) direct a person not to enter the crime scene,
(d) prevent a person from entering the crime scene,
(e) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person,
(f) remove or cause to be removed an obstruction,
(g) perform any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence,
(h) for the purpose of performing any necessary investigation, conduct any examination or process,
(i) open anything that is locked,
(j) take electricity, gas or any other utility, for use at the crime scene,
(k) direct the occupier or a person involved in the management or control of the premises to maintain a continuous supply of electricity,
(l) photograph or otherwise record,
(m) seize and detain all or part of a thing that might provide evidence of the commission of an offence,
(n) dig up anything,
(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
(p) perform any other function reasonably necessary or incidental to the foregoing.
You are not guilty of the offence of obstructing or hindering a person executing a crime scene warrant if you establish, on the balance of probabilities, that you had a reasonable excuse for your conduct.
General legal defences to the charge include duress, necessity and self-defence.
If you are able to raise evidence of a general legal defence, the onus then shifts to the prosecution to prove beyond a reasonable doubt that the defence does not apply to the circumstances of the case.
You are entitled to an acquittal if the prosecution is unable to do this.