Crime part II: Criminal Investigation Process Flashcards
Police powers
- Police are part of the executive part of government
- They are responsibile for the prevention and detection of crime
- The NSW police force are given special powers to carry out duties effectively in LEPRA 2002 (NSW)
Investigate
police carrying out research to discover evidence and examine the fact surrounding an alleged criminal offence
Arrest
to seize a person by legal authority and take them into custody
Interrogate
to formally question a suspect in relation to an alleged crime
Evidence
information used to support facts in a legal investigation or admissable as a testimony in court.
Some of the main police powers are:
- detain and question subjects
- search and seizure
- use reasonable force if neccessary
- use technology to assist an investigation
- arrest and interrogate subjects
- recommend if bail should be granted
search and seizure
power to search a person and/or their possessions, and to detain items that are discovered
reasonable force
force reasonably neccessary for the officer to perform the function; the officer must genuinely believe it was justified and not excessive
warrant
legal document issued by a magistrate/judge authorising an officer to perform a particular act.
In NSW, certain searches/seizures cannot be performed without a valid warrant from a magistrate. Emergency warrants can be obtained over the phone when time is critical.
When a premises is to be searched, they must identify the occupier and give a copy of the warrant.
Code of Practice for CRIME (Custody, Rights, Investigation, Management, Evidence)
the specific code of behaviour the NSW Police Force follows. The police are also overseen by the NSW Ombudsman and the Police Integrity Commission.
Reporting crime
Citizens have an important role of reporting crime through channels such as Crimestoppers
Investigating crime
Not all crimes are fully investigated and prosecuted; resources are directed to more serious crimes
Gathering evidence
When a crime has been committed, it is the role of the police to gather evidence to support further investigation and support a change in the court at a later date
Charge
Formal accussation of a person committing a criminal offence
in situ
Latin term meaning ‘in the place’ used to describe the place in which a piece of evidence is found
Inadmissable evidence
Evidene that cannot be considered by a judge/jury in court
Why evidence may be inadmissable
if it has been contaminated or compromised
Act that governs rules around evidence
Evidence Act 1995 (NSW); the law imposes certain limits on evidence gathering to ensure that the collection of evidence is legitimate and doesn’t interfere with the rights of ordinary citizens.
Different forms of evidence
- oral testimony
- documents
- fingerprints
- DNA samples
- tape recordings
- video surveillance
- physical evidence
- electronic information stored on harddrives
Evidence: use of technology
Technology is frequently used by the police to gather evidence and prove charges
DNA evidence
genetic material that can be used to link a suspect with a crime scene or criminal offence, or to clear a suspect.
- in NSW, police are allowed to take forensic samples to test against evidence found
- a person must consent
- if they don’t consent, the police can apply to a magistrate to take a sample using reasonable force
When police can arrest a person:
- catches suspect committing offence
- belief on reasonable grounds that a suspect has committed/is about to commit an offence
- the person has committed a serious indictable offence which they haven’t been tried
- processing a warrant for the person’s arrest
Arrest should only be used as a last resort, and police are allowed to use whatever reasonable force.
Once arrested, the suspect can only be held for a specific period of time before they are charged/released.
Detention and Interrogation rules
LEPRA set out when a suspect can be detained for questioning and for the purpose of further investigation.
Police can only detain a suspect for 4 hours, and then the person must be charged/unconditionally released. Police may apply to a magistrate to have this extended to 8 hours.
Periods of time that may not be included (rest periods) in the detention and interrogation time period:
- transport to police station
- waiting for relevant law enforcement officers to conduct interview
- waiting for legal practitioner/family member/interpreter to arrive at police station
- medical treatment for person in custody
- recovering from effects of drugs/alcohol
- identity parade
- charging procedures
caution
a statement that must be issued by the police to a suspect when tey are detained to inform the suspect of their rights including the right to silence, and the maximum period of detention.
It must be given orally and in writing.
Interrogation
the act/process of questioning a suspect, carried out by investigating officers.
Any suspect under 18y.o has the right to a responsible adult present with them at the interrogation
Release or charge
At the end of the maximum detention period, the police must either charge the suspect with an offence or release them unconditionally.
If charged, the police must either release the accused or bring them before a magistrate/authorised officers ASAP. Those kept in custody must be brought in court for a bail hearing.
Court attendance notice
a legal document that outliens when and where a person must appear in court and the charge to which they must answer.
Subpoena
Witnesses may recieve this; it is a legal document issued by a court, requirin a person to attend and give evidence and/or to produce specified documents to the court.
Failure to attend the appointed court session could result in the subpoenaed person being arrested and charged.
Bail
Temporary release of an accused person awaiting trial, sometimes on particular conditions such as lodgement of a form of money as a guarentee (conditional freedom).
Bail hearing
The court/authorised officer will determine if the accused will be released on bail until trial.
Parameters of bail may include
- wrist/ankle monitors
- diversionary services (rehab)
- checking in to police station regularly (recognisance)
- surrendering passport
- surety (another person provides financial guarantee)
- lodgement of sum of money
remand
Period spent in custody awaiting trial. The accused will remain in detention until trial date.
If found guilty, the offenders time in remand is taken off the total sentence time as time already served.
timeline of criminal investigation process
- crime/reporting of crime
- gathering evidence
- use of technoloy
- search and seizure
- warrants
- arrest, detention, charge (LEPRA)
- interrogation
- release/charge
- bail/remand
