Crime - Criminal Investigation Process Flashcards
Police Powers
LEPRA
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) - LEPRA
Police Code of Pratice for CRIME (Custody, Rights, Investigation, Management, and Evidence)
Police Powers Include:
* investigate crimes
* interrogate suspects
* make arrests
* gather evidence
* grant/recommen whether bail should be granted
Police Powers
Arrest
Police have vaiours powers, including:
* Arrest - police must have a warrant
* Issue warnings, cautions, fines for less serious offences
* Stop search and detain - must have reasonable grounds to suspect
Police Powers
Charge
Formal process where suspect is charged and notified of first court date.
* fingerprinted
* police exercise their discretion
Rights of Suspects
* under **no obligation **to give formal record of interview to police or answr any questions
* they have the right to silence.
Police Powers
Summons
- court attendence notice = legal doc that requires one to attend court
- gives details of charge, states when and where and outlines consequences of failing to attend
- witness may also receive summons to appear in court
Police Powers
Reporting Crime
- police rely on people to report crimes.
- Crime Stoppers and Neighbourhood Watch
- media
Investigating Crime
Gathering Evidence
- significant responsibility of police = gather evidence for prosecution for court
- strict rules»_space; Evidence Act, 1995
Types of Evidence
* Physical
* Electronic
* Forensic - scientist analysis. e.g. DNA
* Witness Statements
Investigating Crime
Use of Technology
- tech has created new crimes but aided in the investigation process
- CCTV and DNA
- DNA rules - Crimes (Forensic Procedures) Act 2000 (NSW)
Investigating Crime
Search and Seizure
W/ Warrant + Consent:
* can search people, cars or premises if person/occupier gives consent
* anything illegally obtained by police cannot be used as evidence unless the ocurt uses its discression to allow it
W/out Warrant
* have power to search w/out warrant under certain circumstances
* can search anyone reasonably suspected
Investigating Crime
Warrants
Warrant = order issued by court authorising law enforcement to do something
* arrest someone
* conduct a search
* phone tap / seize property
If warrant issued, does not mean accused is guilty but that there is a prima facie against them
* Prima Facie = true, valid, or sufficient at first impression
Investigating Crime
Detention
Under LEPRA, an arrested person can be held for up to 6 hrs for the ‘investigation period’ or a max of 12 hrs if granted by magistrate
Other than strict liability offences, a caution must be issued when police arrest someone
* must be given before the interview process.
* if not issued, a court may rule that info given during interrogation is inadmissable
The police must also make sure the accused understood the caution
Investigating Crime - Detention
Interrogation
Right to Silence
* a discrete right provided by Article 14(3) of ICCPR for a person not to be compelled to tetify against himself or confess guilt
Right to a Lawyer
* Dietrich v The Queen (1992)
* Dietrich represented himself, was convicted and appealed to High Court arguing he did not get a fair trial
* High Court agreed it was unfair but noted that there was no auto right to representation
Investigating Crime - Detention
Rights to Suspects
A suspect has the right to:
* silence
* if under 18, have a responsible adult present
* be advised why they have been arrested
* be informed about the 6 hr investigation period and the possible extension
* be told that they can contact someone
Bail
Bail or Remand
Bail: conditional release until their case is determined by courts/trial
* key mechanism in the criminal justice system and reflects presumption of innocence
* granted by authories officer
Remand: bail is refused and a person is imprisoned pending trial.
* concern with the number of accused held on remand, especially First Nations Peoples.
Bail
Law Reform
Former Bail Act 1978 (NSW)
* addresses offence-based presumptions
* has undergone 52 major amendments in 33 yrs which has increased criticism from victim groups, defence attorneys, police prosecutors, etc
Review of 1978 Act by NSW Law Reform Commission
* recommendations and observations that were ‘voluminous, unwiedly, hugely complex ‘ leading to results that arefrequently anomalous and unjust’
* key reason for law reform in 2013
Bail
Bail Act 2013 (NSW)
- effective 24 May 2014
- new simplified risk-managemnt test
- when considering bail, police and prosecutors will need to decide if the accused poses an unnacceptable risk of:
* endagering the safety of victims
* interferring witnesses or evidence
* committing another serious offence
* failing to appear in court - strict bail conditions
- people under the age of 18 will be able to make a second application for bail
