Effectiveness of the Criminal Investigation Process as a Means of Achieving Justice

Question 1

What are factors which help ensure achievement of justice in the criminal investigation process

Answer 1

● Police need to use technology to combat crime,
because many perpetrators are becoming more
technologically adept
● Police have wide powers of arrest of people who
they reasonably suspect of having committed or
being about to commit a crime, so the community is
protected from criminals
● Police may only use firearms in limited
circumstances
● People arrested are usually granted bail unless there
are good reasons not to do so
● People generally may not be detained by police
unless arrested and then only for a limited period
● The right to silence means that people do not have
to answer police questions in most circumstances, so
they are protected from giving answers which may
harm themselves or others
● Generally, accused people can communicate with a
friend, relative or lawyer
● Generally, an accused person is given the
opportunity to see a lawyer
● Generally, evidence that has been obtained illegally will not be admissible in court

Question 2

Factors which may limit the achievement of justice in
the Criminal Investigation Process

Answer 2

The exercise of some police powers, such as camera
surveillance, DNA collection, and the use of the
Computerised Operational Policing System (COPS),
may be an unnecessary violation of privacy
● A significant number of crimes are not reported
because people believe nothing effective will be
done to the offender (esp. in the case of sexual
assault)
● Police have wide discretion in deciding whether to
arrest someone or not, particularly when it comes to
minor offences. This discretion could be exercised in
a discriminatory manner
● Police may have too much discretion in deciding
what charge to lay on an arrested person
● The decision to not grant bail is a very serious one,
as there is always the chance that an innocent
person is kept in detention for a significant period if
bail is refused. This can be particularly serious if
delays in the criminal process are lengthy
● Suspected terrorists can be detained without charge
for an indefinite period, which violates a
fundamental human right
● Some argue that the right to silence only operates to
protect the guilty
● There is no absolute right for an accused person to
be able to communicate with a friend or relative
● There is no absolute right for an accused person to
contact a lawyer
● Illegally obtained evidence is admissible in court if it
is judged to be in the public interest. This may
jeopardise the accused’s presumption of innocence