Criminal Investigation Process

Question 1

Role of the police

Answer 1

The role of the police is to serve the community and the law. The police preserve the peace, protect life and property. They prevent crime, detect and apprehend offenders and assist victims of crime or other people in times of emergency.

Question 2

When a crime is reported, the police will investigate the crime and try and find the person responsible. They will: 5

Answer 2

• talk to any victims or witnesses
• question possible suspects
• examine the scene
• look for physical or forensic evidence
• charge the offender and ensure the person is
taken to court.

Question 3

Public order response team

Answer 3

The Public Order Response Team (PORT) aims to restore and maintain order in the community. Its members provide a rapid response to public order incidents and are trained to deal with volatile and hostile crowd situations and certain emergencies.

Question 4

Crime stoppers Australia

Answer 4

Crime Stoppers Australia is an initiative which relies on the cooperation of the public, the media and the police. The public can call Crime Stoppers anonymously with information that might help to prevent or solve a crime. Crime Stoppers Australia also uses public campaigns to educate the community about crime-related issues like violent crime, identity fraud and hoon driving.

Question 5

Neighbourhood watch

Answer 5

The police have supported Neighbourhood Watch Victoria since the early 1980s. This program relies on the support of the public who liaise with local police to help reduce crimes in designated Neighbourhood Watch areas. This crime prevention strategy now operates in many urban and rural locations across Victoria.

Question 6

Individuals can refuse to go with police to a station unless ……..
What must people provide the police with if police reasonably believe the person has committed an offence, is about to commit an offence or could assist with the investigation of a serious offence.

Answer 6

Individuals can refuse to attend the police station unless they are under arrest. People can generally refuse to answer police questions but they must provide police with their name and address if police reasonably believe the person has committed an offence, is about to commit an offence or could assist with the investigation of a serious offence. Refusal to comply is an offence and may lead to arrest.

Question 7

With or without a warrant, summons and notice to appear

Answer 7

Police powers of arrest are outlined in the Crimes Act 1958 (Vic.). Police can arrest an offender either with a warrant or without a warrant. Arrest with a warrant is uncommon. Warrants are used when a person ignores a summons to go to court or if the offender is in hiding or is an escapee. A court must issue the arrest warrant and it should be shown to the offender at the time of arrest.
Most arrests occur without warrant. The police do not always take the offender to the police station or place them under arrest when a person commits a summary (minor) offence. If the police believe the person will not immediately reoffend and if the person’s identity can be verified, then police note the details of the offence and send the offender a summons at a later date. A summons is a document which outlines the charge(s) and directs the offender to appear at court on the mention (first hearing) date. Alternatively a notice to appear (at court) may be given on the spot in non- complex cases; for example, driving while disqualified, suspended or unlicensed.

Question 8

Police can arrest without warrant any person found committing a summary or indictable offence if police reasonably believe it is necessary to:

Answer 8

• ensure the appearance of the offender in court
• preserve public order
• prevent the continuation or repetition of an offence or the commission of a further offence
• ensure the safety or welfare of the public or the offender.

Question 9

Police can use reasonable force when making an arrest. This will depend on the circumstances. In making an arrest the police will usually:

Answer 9

• tell the suspect they are under arrest and, depending on the circumstances, touch the suspect to
  indicate clearly that they are detained and must remain with police
  • give a reason for the arrest unless the suspect makes it impossible to be given the information
  • caution the suspect that anything said may be used as evidence in court
• inform the suspect of the right to contact a friend, relative or lawyer to inform them of their whereabouts – this contact is facilitated at the police station
  • take the suspect to the police station for questioning.

Question 10

Search with warrant

Answer 10

If police reasonably believe that a search of private premises is necessary to find evidence related to a crime, then they must apply to a court for a warrant. The police must follow set procedures when applying for and then executing the warrant.

Question 11

The Crimes Act 1958 (Vic.) allows the police to enter and search premises without a warrant for the purpose of finding and arresting a person who police reasonably believe:

Answer 11

• is committing a serious indictable offence (punishable by five years’ imprisonment or more)
• has committed a serious indictable offence in Victoria or elsewhere
• has escaped from legal custody.

Question 12

Police can search a person without warrant after an arrest.

Answer 12

Police can search a person without warrant after an arrest. The purpose of the search is to find evidence, weapons or other items that may cause injury or aid an escape. The suspect’s clothing and immediate possessions can also be searched. Searches should be conducted by a person of the same sex and with consideration to privacy where possible. Prisoners and anyone entering jails or courthouses can be searched without warrant.

Question 13

Police also have the right to stop, detain and search without warrant a person, their vehicle or immediate possessions under specific Acts of parliament. In conducting these searches police must comply with legislative provisions which outline who can be searched, where and for what purpose. In all cases, police should identify themselves and explain the purpose of the search before detaining the person. Reasonable force can be used if the person refuses to comply. If an illegal item is found during the search, the police will seize the item and deal with the issue according to the law. In general, these searches are conducted when police suspect a person:

Answer 13

• has illegal drugs in a public place
• has or will commit a firearms offence
• has a spray-paint can on or near public transport property or elsewhere as a trespasser for the
purpose of illegal graffiti
• is under 18 and is ‘chroming’ or inhaling chemical substances, or the person is an adult who is
supplying chemical substances to people under 18 for the purpose of inhaling
• has a weapon (e.g. a knife, imitation firearm, martial arts equipment or other dangerous items like a broken bottle or an explosive) in a public place without permission or lawful excuse. In addition, police can declare a public place a designated weapons search area for a limited time. Police can
then randomly search any person in the declared area for weapons
• is in a targeted terrorism area.

Question 14

Other examples when police can search

Answer 14

Police can also enter and search premises if the occupier gives them permission, if they need to stop a breach of the peace (a fight) or if there is a breach of an intervention order in progress. Police usually exercise these powers in family violence situations.
The police or other authorised officers at major sporting events can ask spectators to walk through screening equipment, turn out pockets, inspect bags or ask a person in possession of the bag to empty the contents in their search for prohibited items. A person who refuses will be denied entry or asked to leave the venue.

Question 15

Types of searches

Answer 15

The police must make a written record of all body searches. There are different types of body searches including:
• pat-down (frisk) search – Police use their hands to see if items are concealed in clothing. The
police can ask for outer clothing like coats, hats and shoes to be removed and can ask people to
turn out their pockets during a search.
• full (strip) search – This must be done in private (usually at the police station) and should not
involve any touching of the body. This kind of search involves an officer (of the same sex as the person being searched) supervising the removal of clothing for further examination.

Question 16

A person does not have to go to the police station for questioning unless under arrest. A person must be told why they are under arrest.
If a person is taken into custody for questioning, he or she must be:

Answer 16

• released unconditionally within a reasonable time of being taken into custody (what is a
reasonable time depends on the circumstances in the situation, including how long it has taken to get the person into custody, the number of people to be interviewed, and any delays such as the time taken for a lawyer to attend), or
• released on bail, or
• brought before a bail justice or the Magistrates’ Court within a reasonable time of being taken into
custody.

Question 17

8 individuals rights during questioning

Answer 17

The right to contact a lawyer and a relative or friend
Police caution
Right to silence 
Taping of police interviews 
The right to a person in attendance 
The right to an interpreter
Photographs 
Identification parades

Question 18

Police caution

Answer 18

Before the police ask a suspect any questions they must caution the suspect about their rights. The police must tape the caution given at the beginning of any police interview. The caution states that the suspect is ‘not obliged to say or do anything but anything you say or do may be given in evidence’.

Question 19

The right to contact a lawyer and a relative or friend

Answer 19

Before questioning begins, an investigating official must inform the person in custody that he or she may communicate with a friend or relative to inform them of his or her whereabouts and may also communicate with a lawyer.
A person has the right to communicate with a lawyer and a relative or a friend unless it will result in the escape of an accomplice or the destruction of evidence.
If the lawyer attends the police station, the suspect should be given the opportunity to speak with the lawyer in private and may have the lawyer present during questioning.

Question 20

The right to silence

Answer 20

While members of the community are expected to assist police in their investigations, a suspect in a crime cannot be forced to make a statement or answer police questions – except in particular circumstances where police can ask for a person’s name and address.

Question 21

Taping of police interviews

Answer 21

Police interviews relating to indictable (serious) offences must be audiotaped or videotaped. In minor offences, the police can write down the questions and answers, and use these notes as evidence in court.

Question 22

The right to a person in attendance

Answer 22

People under 18 must have a parent, guardian or independent person with them during police questioning.

Question 23

The right to an interpreter

Answer 23

The police must provide an interpreter when questioning non-English-speaking suspects.

Question 24

Photographs

Answer 24

The police may want to take a suspect’s photograph while in police custody but a person can refuse to give the police permission to do so.

Question 25

Identification parades

Answer 25

A person can refuse to take part in an identification line-up.

Question 26

Finger printing and scanning

Answer 26

Fingerprinting uses an ink and paper process to take an imprint of a person’s fingerprints. Finger scanning uses an electronic process to obtain and store human fingerprints. The scanner uses special software to capture a digital image of the fingerprint. Ink fingerprints can be digitally photographed and uploaded to the fingerprint database. Fingerprint images can then be electronically analysed, compared and distributed.

Question 27

When can police take fingerprints or scans

Answer 27

Police can take fingerprint or electronic finger scans from a person the police reasonably believe has committed an indictable offence or a summary offence punishable by a term of imprisonment. If the suspect refuses to cooperate then reasonable force can be used to take the prints. The process should be audio or video recorded, particularly if prints are taken using force from persons under 18. The law requires police to follow set procedures according to the suspect’s age.

Question 28

The police can take forensic samples from a person suspected of committing, or charged with, an indictable offence. These can be:

Answer 28

• non-intimate samples (hair, fingernail and toenail scrapings or external swabs)
• intimate samples (blood, saliva, pubic hair, mouth scrapings, dental impressions and swabs from a
genital or anal area).

Question 29

Age restrictions and are the samples destroy d

Answer 29

Age restrictions for forensic samples include:
• a Children’s Court order is required for forensic samples of any kind to be taken from suspects
between 10 and 17 years of age
• forensic samples cannot be taken from suspects under 10 years of age.
Forensic samples are to be destroyed within six months if the person is not charged or found not guilty. Police can automatically keep samples from people over 18 years of age who are convicted of an indictable offence or those who are found guilty because of mental impairment. A court order is required to retain samples from children in similar circumstances.

Question 30

Police discretion

Answer 30

In dealing with summary offences, the police can sometimes exercise
discretion. That is, the police can, where it is fair and appropriate to all persons involved, deal with
the matter informally rather than formally charging the offender with a crime or issuing a fine.

Question 31

Release

Answer 31

The police may initially have good grounds to believe that a person committed a crime;
however, on further investigation the suspect is exonerated and released.

Question 32

Cautioning notice

Answer 32

The police can choose not to charge a person but give a cautioning notice (formal warning). These are given on first offence for minor crimes. The offender must admit to the crime, co-offenders must be identified and the crime should involve no more than five incidents. The offender must behave for five years before any record of the offence is erased. If a further crime is committed, the offender goes to court and the caution note is treated as a prior
conviction.

Question 33

Charge and bail

Answer 33

The police can arrest and charge the person with a serious crime and then
release them on bail.

Question 34

Charge and remand

Answer 34

The police can arrest and charge the person with a serious crime and then
apply to the court to remand them in custody. This means the person will remain in jail until their
trial.

Question 35

Summons

Answer 35

The police can tell a person they will be charged with the crime and provide the
paperwork later. The police then give written details about the charge in a document called a summons. This is usually done for summary offences.