Crime: Chapter 2 (The Criminal Investigation Process)

Question 1

What does Investigate mean (for police)?

Answer 1

Carrying out research to discover evidence and examine the facts surrounding an alleged criminal incident

Question 2

What does Arrest mean?

Answer 2

To seize a person by legal authority and take them into custody

Question 3

What does Interrogate mean?

Answer 3

To formally question a suspect in relation to an alleged crime

Question 4

What is Evidence?

Answer 4

Information used to support facts in a legal investigation or admissible as testimony in court.

Question 5

Under what Act is the NSW Police Force given special legal powers?

Answer 5

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

Question 6

What are the main police powers?

Answer 6

The power to:
1. Arrest and Interrogate
2. Search property and seize evidence
3. Use reasonable force if neccessary to carry out their duties
4. Use particular technologies to assist in an investigation
5. Recommend whether or not bail should be granted

Question 7

What is Search and Seizure?

Answer 7

The power to search a person and/or their possessions and to sieze and detain items that are discovered.

Question 8

What is Reasonable Force?

Answer 8

Such force as is reasonably necessary for the officer to perform the function required by the officer.

Question 9

What is a Warrent?

Answer 9

A legal document issued by a magistrate or judge authorising an officer to perform a particular act, such as make an arrest, conduct a search, seize property or use a phone tap.

Question 10

What is the function of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW)?

Answer 10

It allows police to apply for court orders that restrict the activity of a suspect, based on allegaions of their involvement in criminal activity.

Question 11

Why might people be hesitant about reporting a crime?

Answer 11

1. Reluctance to become involved or to appear as a witness
2. Fear of the consequences if the crime is reported
3. Inability to report the crime
4. The dispute has already been settled with the offender
5. The perceived time or administrative burden of reporting a crime

Question 12

What is a Charge?

Answer 12

A formal accusation of a person of committing a criminal offence

Question 13

What is “in situ”

Answer 13

‘in the place’; used to describe the place which a piece of evidence is found or situated.

Question 13

What is inadmissible evidence?

Answer 13

Evidence that cannot be considered by a judge or jury in court.

Question 14

What is DNA evidence?

Answer 14

Genetic material that can be used to link a suspect with a crime scene or criminal offence, or to clear a suspect.

Question 15

Under what conditions are police allowed to arrest a person?

Answer 15

1. Catching a suspect committing and offence
2. Believing on reasonable grounds that a suspect has committed or is about to commit an offence.
3. Where that a person has committed a serious indictable offence for which they have not been tried
4. possessing a warrent for that person’s arrest.

Question 16

How long can police detain a suspect?

Answer 16

6 Hours

Question 17

What rest periods are not included in the detention period of a suspect?

Answer 17

• transport from the point of arrest to a police station
• waiting for the relevant law enforcement officers to arrive to conduct the interview
• waiting for a legal practitioner, family member, guardian of a dependent person
• time required by the suspect to talk to a friend,
  relative or lawyer
• medical treatment
• refreshment periods such as eating, showering
  or toileting
• recovering from the effect of drugs or alcohol
• taking part in an identification parade
• charging procedures.

Question 18

What is Interrogation?

Answer 18

The act or process of questioning a suspect, carried out by the investigating officers.

Question 19

What is a Caution (when detained)?

Answer 19

A statement issued by police to a suspect when they are detained to inform the suspect of their rights.