Criminal Investigation Process

Question 1

Define Arrest

Answer 1

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

Question 2

Define Investigate

Answer 2

Carrying out research to discover evidence and examine facts surrounding an alleged criminal incident

Question 3

Define Evidence

Answer 3

Information used to support facts in a legal investigation or admissible in court as testimony

Question 4

Define interrogate

Answer 4

To formally question a suspect in relation to a crime

Question 5

What is a warrant?

Answer 5

A legal document issued by the magistrate or judge authorising an officer to perform a particular act

Question 6

What is Reasonable Force?

Answer 6

Such force as is reasonably necessary for the officer to perform the function

Question 7

What is search and seizure?

Answer 7

The power to search someone and/or their possessions and seize and detain items that are discovered

Question 8

What Act gives police special legal powers?

Answer 8

Law Enforcement (Powers and Responsibilities) Act 2002 NSW

Question 9

Why are police powers often controversial?

Answer 9

They often directly conflict with the ordinary rights of the citizen

Question 10

What is the code of practice Police must follow and what is its aim?

Answer 10

Custody, Rights, Investigation, Management and Evidence (CRIME). It acts as a reference to both the community and police in terms of understanding police powers as well as rights when dealing with police.

Question 11

Which body can investigate misconduct in NSW Police?

Answer 11

Law Enforcement Conduct Commission

Question 12

Why may someone not report a crime?

Answer 12

-Reluctant to become involved
-Fear of consequences
-Perceived inconvenience or administrative burden of reporting
-Self-incrimination

Question 13

What is a charge?

Answer 13

A formal accusation of a person committing a criminal offence

Question 14

Define in situ

Answer 14

‘In the Place’ used to describe the place in which a piece of evidence is found or situated

Question 15

What is inadmissible evidence?

Answer 15

Evidence that cannot be considered by a judge or jury in court

Question 16

What Act sets out regulations for the collection of evidence?

Answer 16

Evidence Act 1995 (NSW)

Question 17

How long can the police detain the suspect for further questioning?

Answer 17

6 hours, after this a warrant is required for another 6 hours. After this the person must either be charged to released.

Question 18

What is the key point in the Evidence Amendment (Evidence of Silence) Act 2013?

Answer 18

The defendant’s failure or refusal to mention a fact during official questioning that the defendant could have reasonably be expected to mention and that is later relied on by defence in the proceedings may result in an UNFAVOURABLE INFERENCE BEING DRAWN (conclusion)

Question 19

What is a CAN?

Answer 19

A legal document that states when and where a person must appear in court and the change to which they must answer

Question 20

What is a Subpoena?

Answer 20

A legal document issued by a court requiring a person to attend and give evidence and/or to produce specified documents to the court

Question 21

What is Bail?

Answer 21

The temporary release of an accused person awaiting trial

Question 22

What Act dictates bail?

Answer 22

Bail Act 1978 (NSW)

Question 23

What is a surety?

Answer 23

When another person agrees to provide a financial guarantee that the accused will return to the court for trial in exchange for the accused release until that day

Question 24

What is Remand?

Answer 24

A period spent in custody awaiting trial

Question 25

What is de novo in bail decisions?

Answer 25

The court which hears the bail application will consider it from the start and not review correctness of any subsequent bail decision.

Question 26

What are the main roles of police?

Answer 26

1. Prevent and detect crime and maintain public order
2. Investigate crimes
3. Present evidence for judgement to a court of behalf of the state

Question 27

What methods are used to prevent being caught with drugs by police?

Answer 27

• Packing
• Pre-congestion
• Buying from unknown suppliers
• Panicked ingestion

Question 28

What is the innterogation recorded on?

Answer 28

1 videotape and 2 audiotapes

Question 29

What type of evidence is DNA?

Answer 29

Corrobrarative

Question 30

Under what conditions may the police arrest someone?

Answer 30

• catching a suspect committing an offence
• believing on reasonable grounds that a suspect
  has committed or is about to commit an offence
• where that person has committed a serious
  indictable offence for which they have not been
  tried
• possessing a warrant for that person’s arrest.

Question 31

What needs are to be considered by police throughout the investigation process?

Answer 31

• Give a copy of the police statement to the victim
• Keep the victim informed of the progress of the investiagtion (unlesss it will jeopardize the investigation)
• Notify the victim of the charges against the accused