criminal investigation process

Question 1

where to report crimes + reasons people do not report
and consequence of not reporting

Answer 1

crimestoppers - anonymous, encourages collaboration between police + community

don’t report because of shame + embarassment, fear, protect friend/family

Under Crimes Act 1900 (NSW), crime not to report indictable offences

Question 2

what is police discretion to investigate reported crime based on + mandatory crime to follow up on

Answer 2

• nature + circumstances of the offence
  chance of solving crime
  victim + community needs

must follow up on domestic violence

Question 3

4 part criminal investigation process

Answer 3

1. crime reported
2. crime investigated
3. trial held
4. sentence determined + punishment

Question 4

purpose of police

Answer 4

• enforce criminal law
• investigate crimes + gather evidence to arrest/detain and bring evidence against offender to court

Question 5

who are the police for NSW

Answer 5

NSW Police Force or Australian Federal Police

Question 6

LEPRA + 2 main sections that imbalance right

Other powers of police

Answer 6

Law Enforcement (Powers and Responsibilities) Act 2002

33: strip search in public if “necessary for the purposes of the search”
99: arrest without warrant if on “reasonable grounds”

arrest, covert search warrant, phone taps, interrogate

Question 7

how is powers of police vs rights of citizens balanced/imbalanced

Answer 7

• arrest and detain/arbitrary arrest - freedom and liberty
• strip search - right to privacy
• legislation/courts act as check (warrant)
• Police have legal use of force

Law Enforcement Conduct Commission: investigate misconduct within police - however limited funding and not independent from NSW Police

Question 8

What is Evidence Act 1995 (NSW)

Answer 8

evidence to convict must be obtained in lawful manner otherwise inadmissable
e.g. surveillance, listening devices, collecting crime scene evidence, talking to witnesses