Law Notes Litigation - Criminal Procedure Rules Notes
These notes aim to set out the relevant legal principles, and material facts from cases in order to demonstrate how those legal principles have been applied. Because of how heavily statute-focused this topic is, in some places I've extracted the relevant statute in the text or in a 'comment'.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also 'checklists', which you can use during revisions or ex...
The following is a more accessible plain text extract of the PDF sample above, taken from our Litigation - Criminal Procedure Rules Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Police Entry and Search of Premises
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5 Police Entry Search Seizure of Premises 1
A Was there Power to enter premises ? 1
(i) Implied license? 2
(ii) power to enter if breach of peace, or imminent danger/ actual physical injury S 9 3
(iii) reasonable grounds to believe person to be arrested/detained is on premises s 10 5
B Power to search premises: can search for person s 10(3), LEPRA 9
CB: Plenty v Dillon 9
C Power to detain articles when lawfully in premises s 22 LEPRA and in vehicles s 36 11
D Common law search and seizure powers without arrest: Laurens v Willers 13
Appendix: LEPRA ss 9 and 10 15
Appendix: CB: Merritt (caravan entry without announcement) 16
Law | Unless police have warrant which allows them to enter specified premises, or unless there is an implied license to enter someone’s house or business, a PO can only enter a person’s property under a statutory power such as ss 9 or 10 LEPRA. Overview –
ss 9 and 10 LEPRA: Police entry and search of premises
In exercising their powers under ss 9 or 10 the police must also comply with s 201 (safeguards relating to power) and ss 230 and 231 LEPRA. |
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Law | Issue: Police went onto certain land for a certain purpose. Eg. If police tried to arrest a person on a driveway of another person, and then the accused broke away from the police, did the accused escape from lawful custody? If the police were trespassers then it would not have been lawful custody.
Relevant facts:
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Law | Circumstance: police has entered premises is an emergency. |
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Entry in emergencies: s 9. | Rule: In emergencies: two ways a PO can enter under s 10: A police officer may enter premises if the police officer believes on reasonable grounds that:
Breach of the peace? Kuru v State of NSW
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Buy the full version of these notes or essay plans and more in our Litigation - Criminal Procedure Rules Notes.
These notes aim to set out the relevant legal principles, and material facts from cases in order to demonstrate how those legal principles have been applied. Because of how heavily statute-focused this topic is, in some places I've extracted the relevant statute in the text or in a 'comment'.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also 'checklists', which you can use during revisions or ex...
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