2) The criminal investigation process

Question 1

Discuss the main roles of police.

Answer 1

The main roles of police is to maintain public order, investigate crime, make arrests (if necessary), interrogate suspects and gathering evidence against the accused and to present the evidence for judgement to a court on behalf of the state.

Question 2

Which legislation contains the majority of powers awarded to the NSW state police?

Answer 2

The LEPRA Act 2002 (NSW)

Question 3

Identify some police powers under LEPRA.

Answer 3

1) Awards police powers of entry
2) require identity to be
disclosed.
3) Search and seizure powers
with and without a warrant.
4) Powers to arrest.
5) Powers relating to crime
scenes and vehicles and traffic
6) Powers related to
investigation and questioning
7) Public disorder powers

Some police powers are also discretionary (can exercise their own judgement)

Question 4

To maintain checks and balance on police powers, what are the formal methods of complaints about police misconduct?
(3)

Answer 4

1) The LECC (Law enforcement conduct commission) established in 2017 as a permanant independent investigative commission to deal with serious misconduct.
It was based on recommendation that NSW police needed greater independent police oversight.

2) Making a complain at the station where the police officer is posted however the outcome typically flavors the actions of the police officer involved due to lack of independence.

3) Making a formal complaint is to go through the courts via a civil claim.

Question 5

When will police need to seek a warrant?

Answer 5

A warrant is needed from the court to be able to use a particular power such as making an arrest or using a phone tap.

Purpose of this is so special powers are used appropriately without abuse of power

Question 6

Outline the NSW police forces specific code of behaviour.

Answer 6

The code of practice is CRIME (crime, rights, investigation, management and evidence)

Sets out the rights of suspects and the manner in which investigations should be conducted.

Police are expected to treat all members of the community in an equal manner without prejudice and preference.

Question 7

Example of a community program for reporting crime.

Answer 7

Crime-stoppers encourage the public to report information about criminal activity to assist police work.

Crime stoppers
- Anonymous
- Lack of direct involvement
Which encourages the public to not hesitate to report crime.