criminal investigation Flashcards
What are the main roles of the police?
- Enforcing criminal laws
- Maintaining public order
- Prevention & detection of crime
- Investigating crimes
- Gathering evidence
- Making arrests
- Interrogating suspects
- Presenting evidence to the court on behalf of the state
True or False: Police have unlimited power.
False. Police powers are granted by the state.
What is LEPRA?
Law Enforcement (Powers and Responsibilities) Act 2002.
List three key components of LEPRA.
- Arrest and interrogation of suspects
- Causations and warnings for less serious offences
- Stop, detain or seize without a warrant
What does the term ‘reasonable suspicion’ refer to in the context of police powers?
Involves less than a reasonable belief, but more than a possibility.
Fill in the blank: Police discretion in the application of the law gives police _______.
[immense power]
What incident highlighted the misuse of police power in the case of Roberto Curti?
Curti died after being tasered 14 times by police.
What was the outcome of the coronial inquest related to Roberto Curti’s death?
Four police were charged for behaving in a ‘thuggish manner’.
What percentage of sexual assault victims in Australia do not report the crime?
87%.
What is the purpose of bail?
To guarantee the accused’s freedom until their trial.
What is remand?
When bail is refused, and the accused is held in custody until the date of the trial.
What is the ‘show cause’ test in the context of bail?
An accused must argue why their detention is not justified for certain serious offences.
What does the ‘unacceptable risk’ test assess?
It assesses four bail concerns with reference to specific matters in s18 of the Bail Act.
True or False: Strip searches have been used appropriately by police in NSW.
False. There have been accusations of misunderstanding and misuse.
What are two types of evidence gathered in a criminal investigation?
- Physical evidence (e.g., clothing, weapons)
- Forensic evidence (e.g., DNA testing, ballistics tests)
What did Samantha Lee from the Redfern Legal Centre say about police powers?
Increased transparency around police powers leads to greater accountability.
What case involved the unreasonable use of tasers leading to death?
The case of Clare Nowland, a 95-year-old woman.
What does the term ‘police powers’ encompass?
- Use of reasonable force
- Ability to detain and question suspects
- Search and seizure
Fill in the blank: The police powers must maintain a balance of rights between the _______ and the accused.
[victims]
What significant reform occurred in the Bail Act in 2013?
Introduction of a ‘risk assessment’ to address high remand rates.
What are two concerns regarding the misuse of police powers?
- Unreasonable use of force
- Strip-searching minors
What is the impact of excessive police force on community perception?
It can damage the reputation of the police force.
What role do citizens have in the justice system?
Reporting crime.
How many recorded victims of sexual assault were there in Australia in 2021?
More than 31,000 people.
What standard of proof is used for making a determination of show cause?
On the balance of probabilities
This means that the evidence must show that it is more likely than not that the accused has shown cause.
What happens if the accused fails to show cause?
Bail is refused and the accused is held on remand
The accused must then satisfy the unacceptable risk test.
What does the unacceptable risk test require the judge to assess?
Four bail concerns with reference to specific matters in s18 of the Bail Act
This is to determine if the accused poses an unacceptable risk.
What is the primary purpose of bail?
To decide if a person poses an unacceptable risk in terms of bail concerns.
What significant change was made to the Bail Act in 2013?
Introduced the ‘Show Cause’ and ‘Unacceptable Risk’ tests.
What is the burden of proof in a criminal trial?
Lies with the prosecution to prove the defendant’s guilt beyond reasonable doubt.
What does the show cause test entail?
The accused must show why they should not be detained.
True or False: The presumption of innocence is emphasized more than community safety in the Bail Act.
False
The reform emphasizes community safety over the presumption of innocence.
Since the 2014 reforms, what has happened to the number of prisoners held on remand?
Significant increase in the number of prisoners held on remand.
What percentage of the prison population in NSW is yet to be found guilty of a crime?
40%
This marks an eight-year high.
What was the case study involving Mahmoud Hawi about?
Hawi sought bail after successfully appealing a murder conviction.
What was the outcome for Hawi regarding bail under the Bail Act 2013?
Granted bail because risks could be mitigated by conditions.
Under the Bail Act 1978, what did Hawi have to demonstrate to be granted bail?
Exceptional circumstances.
What must police do when they arrest a person in NSW?
Issue a caution.
What is the maximum period a suspect can be detained without being charged under LEPRA (2002)?
6 hours.
What rights do suspects have during interrogation?
Right of silence and to have a reasonable adult present if under 18.
What does the Terrorism (Police Powers) Act 2002 (NSW) allow police to do?
Detain a person for a maximum of 14 days without charge.
Fill in the blank: The terrorism (Police Powers) Amendment (Investigative Detention) Act 2016 allows police to detain someone as young as ______ for up to 14 days.
14.
