Crime - The criminal investigation process Flashcards
what is LEPRA and what does it govern
Law Enforcement (Powers and Responsibility) Act 2002 (NSW)
what do police powers include
- Investigating crimes
- Making arrests - if necessary
- Interrogating suspects
- Gather evidence against the accused
- Grant or recommend whether bail should be granted
why is the police force significant
- Laws are useless without a body to enforce them
- Police are responsible for the detention of crime and its their duty to be responsive to breaches of criminal law
what is the code for practise for crime
Code set out by the NSWPD and outlines the rights of suspects
eg. Police are not to discriminate against any gender, race, religion, age or ethnic background. Everyone must be treated in the same way
when can the police search a premise
- Unless a crime scene is established, the power to search premises may be enforced only if police have a search warrant
- Police can search when a person consents
- Anything that has been improperly or illegally obtained by the police cannot be used as evidence unless the court uses its discretion to allow it in the public interest
what act sets out the rules for evidence collection
Evidence Act 1995 sets out the manners and guidelines of which evidence must be collected
what are the circumstances where police and search without a warrant
- domestic violence
- Situation where they reasonably suspect a person of having anything their possession that is stolen, unlawfully obtained or intended for use in the committing of a serious offence
Consider 2018 LEPRA amendments
under what grounds can police perform a strip search
Police can only perform a strip search if they have reasonable grounds and that it is necessary and the circumstances are serious and urgent (s31)
what are the strip search rules under LEPRA
- Must be carried out by an officer of the same gender (s32)
- Should be conducted in a private area, out of sight of opposite gender and out of sight of people not involved (s32)
- Must not involve a search of a person’s body cavities or examination of body by touch
what is a warrant
an order issued by the court authorising a law enforcement agency to do something eg. arrest someone, search a premise, use a phone tap, seize property
when can police arrest a suspect
when they have a warrant of when they are going to charge the person with an offence
Police can only legally detain people if they lawful arrest them eg.
- If they believe on reasonable grounds that the suspect has committed, or is about to commit a crime
- They witness the suspect committing a crime
- They have an arrest warrant for the person
what is the role of charge in the CPI
At the end of the maximum detention period, a suspect must be either charged or released unconditionally
define charge
Charge refers to the process where the suspect is charged with the particular offence and receives notification of their first court date
what are some of the rights of suspects
- They are under no obligation to give a formal record of interview to police or to answer any of their questions apart from providing correct name and address
- They have the right to silence (but recent law reform has changed this)
- If under 18, have a responsible adult present
- Be advised that they have been arrested and informed about the 6 hour investigation period and the possible extension of it
- Be told that they can contract a friend, relative, guardian, independent person or legal practitioner
what the exception to the maximum detention rule
Terrorism
The Terrorism (police powers) act 2002 (NSW) allows an exception to the maximum detention rule and police can make a application to the supreme court to detain a person for a max period of 14 days without charge
what is a summons/ court attendance notice
a legal document that requires a person to attend court - witnesses may also receive
what is bail
the temporary release of an accused person into society awaiting their trail - may come with conditions eg. passport surrender, lodge a sum of money
what is the bail act 2013
Replaced the 1978 act, removing presumptions and adding an unacceptable risk test which assesses the unacceptable risk of the accused:
- Not turning up to court
- Endangering victims/ community members
- Interfere with evidence/ witnesses
- Commit another offence while on bail
what is the bail amendment act 2014
Bail amendment act 2014 (NSW) introduced a new test to the 2013 Bail Act (NSW)
Show cause test for people accused of serious offences - reverses the onus of proof and the defendant has to ‘show cause’ as to why their detainment is unjustified
how long can a person be detained for
A person can be detained for a max.
- 48 hours under cth law
- 14 days under state and territory laws
- 14 days under a combination of cth and state and territory regimes
what is remand
period an accused person spends in custody awaiting trial
- if the accused is found guilty and sentenced to imprisonment, the time spent in remand is usually deducted from the overall time spent in prison post trial
what is the bail amendment act 2015
Bail amendment act 2015 added on a new clause to the Bail Act 2013 following the Lindt cafe siege
- Bail is refused when the accused is charged with an offence that carries a custodial sentence or is terrorist related
