Chapter 3 - Police Investigation

Question 0

Identification can occur if the police have reasonable doubt that

Answer 0

• you’ve committed an offence
• you’re in the process of committing an offence
• you’re able to assist in their investigation
• you’re driving
• they have increased powers under legislation for a particular location

Question 1

Purpose of a police investigation

Answer 1

• Arrest a subject, present them to a court for trial

- produce evidence to prove defendant is guilty

Question 2

If police want to ask you further questions at the station, you do not have a legal requirement to accompany them unless you are

Answer 2

• under arrest
• taking a breath test
• felt to require police protection

Question 3

Arrest can occur in three ways

Answer 3

• by police, with a warrant
• by police, without a warrant
• by a member of the public

Question 4

Warrant

Answer 4

A written order from a magistrate directing the police to search a persons premises, seize a persons goods or arrest a person

Question 5

Arrest by police, without a warrant

Answer 5

• hold reasonable belief that the person has committed an offence
• ensure person appears in court
• preserve public order
• prevent further offences
• for safety of the public

Question 6

By police, with a warrant

Answer 6

• magistrate has issued a warrant for the arrest of the person
• name of person is already known by police

Question 7

Bail

Answer 7

Agreement to release a person accused of an offence and held in custody.

Question 8

In police custody, you have the right to a phone call unless

Answer 8

• warning others involved in the crime
• might result in evidence being lost/destroyed
• might put others at risk
• you’re involved with a drink driving incident

Question 9

In police custody, if under 18, parent or guardian must be present unless

Answer 9

• it isn’t possible (they’ll get another person)
• it’ll endanger others
• it’ll hamper investigation
• it’ll prevent capture of another person

Question 10

How long can you remain in custody for

Answer 10

When being questioned by police, reasonable time, depending on severity and complexity of the matter

Question 11

Police searches that can occur following arrest

Answer 11

Anything up to full body search, unless urgent

Question 12

Police searches that can occur when a person is in a designated area

Answer 12

Areas that there is likelihood that at person would be carrying a concealed weapon

Question 13

When searching private property without a warrant

Answer 13

• To arrest a person who committed an indictable offence
• Find a person who escaped custody
• Find someone in the process of committing and offence

Question 14

Intimate samples and non-intimate samples

Answer 14

Intimate - pubic hair, blood

Non intimate - Hair, fingernail

Question 15

Forensic procedures on young people

Answer 15

• only on people aged 10-17 with Children’s Court Order

- can’t be done on a person under 10

Question 16

Destruction of forensic samples

Answer 16

Police must destroy any evidence within 6 months of them being taken if

• suspect hasn’t been charged
• suspect has been charged but charge wasn’t proceeded with
• suspect hasn’t been found guilty

Question 17

Summons

Answer 17

Sent to the offender summoning them to appear in court at a set time

Question 18

Surety

Answer 18

A promise that the accused will appear in court and bail conditions will be met

Question 19

Remand

Answer 19

The holding in custody while awaiting trial or sentencing