Crime part II: Criminal Investigation Process

Question 1

Police powers

Answer 1

• 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)

Question 2

Investigate

Answer 2

police carrying out research to discover evidence and examine the fact surrounding an alleged criminal offence

Question 3

Arrest

Answer 3

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

Question 4

Interrogate

Answer 4

to formally question a suspect in relation to an alleged crime

Question 5

Evidence

Answer 5

information used to support facts in a legal investigation or admissable as a testimony in court.

Question 6

Some of the main police powers are:

Answer 6

• 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

Question 7

search and seizure

Answer 7

power to search a person and/or their possessions, and to detain items that are discovered

Question 8

reasonable force

Answer 8

force reasonably neccessary for the officer to perform the function; the officer must genuinely believe it was justified and not excessive

Question 9

warrant

Answer 9

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.

Question 10

Code of Practice for CRIME (Custody, Rights, Investigation, Management, Evidence)

Answer 10

the specific code of behaviour the NSW Police Force follows. The police are also overseen by the NSW Ombudsman and the Police Integrity Commission.

Question 11

Reporting crime

Answer 11

Citizens have an important role of reporting crime through channels such as Crimestoppers

Question 12

Investigating crime

Answer 12

Not all crimes are fully investigated and prosecuted; resources are directed to more serious crimes

Question 13

Gathering evidence

Answer 13

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

Question 14

Charge

Answer 14

Formal accussation of a person committing a criminal offence

Question 15

in situ

Answer 15

Latin term meaning ‘in the place’ used to describe the place in which a piece of evidence is found

Question 16

Inadmissable evidence

Answer 16

Evidene that cannot be considered by a judge/jury in court

Question 17

Why evidence may be inadmissable

Answer 17

if it has been contaminated or compromised

Question 18

Act that governs rules around evidence

Answer 18

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.

Question 19

Different forms of evidence

Answer 19

• oral testimony
• documents
• fingerprints
• DNA samples
• tape recordings
• video surveillance
• physical evidence
• electronic information stored on harddrives

Question 20

Evidence: use of technology

Answer 20

Technology is frequently used by the police to gather evidence and prove charges

Question 21

DNA evidence

Answer 21

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

Question 22

When police can arrest a person:

Answer 22

• 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.

Question 23

Detention and Interrogation rules

Answer 23

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.

Question 24

Periods of time that may not be included (rest periods) in the detention and interrogation time period:

Answer 24

• 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

Question 25

caution

Answer 25

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.

Question 26

Interrogation

Answer 26

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

Question 27

Release or charge

Answer 27

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.

Question 28

Court attendance notice

Answer 28

a legal document that outliens when and where a person must appear in court and the charge to which they must answer.

Question 29

Subpoena

Answer 29

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.

Question 30

Bail

Answer 30

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).

Question 31

Bail hearing

Answer 31

The court/authorised officer will determine if the accused will be released on bail until trial.

Question 32

Parameters of bail may include

Answer 32

* 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

Question 33

remand

Answer 33

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.

Question 34

timeline of criminal investigation process

Answer 34

1. crime/reporting of crime 2. gathering evidence 3. use of technoloy 4. search and seizure 5. warrants 6. arrest, detention, charge (LEPRA) 7. interrogation 8. release/charge 9. bail/remand