Investigating Crime

Question 1

How is evidence used as a tool by the prosecution

Answer 1

Evidence is used by the prosecution to convict offenders. It can take many forms, including physical evidence (e.g. clothes, weapons), electronic (e.g. photographs, records), or witnesses statements (things seen and/ or heard)

Question 2

How has technology been used to gather evidence

Answer 2

• surveillance technology has assisted in the investigation and prevention of crime, used to identify criminals
• DNA is also used for the identification of people, although there are strict regulations on the use on this technology

Question 3

LCMID legislation on the regulation of DNA technology

Answer 3

Crimes (Forensic Procedures) Act 2000 (NSW)

Question 4

Why is evidence gathered

Answer 4

to support a charge in court

Question 5

LCMID legislation for admissible evidence gathering

Answer 5

Evidence Act 1995 (NSW)

Question 6

How is evidence gathered to be admissible in court

Answer 6

• according to the evidence act 1995 regulations
• evidence collected at crime scene ‘in situ’ (in the place of crime) ensures the rights of individual citizens during the investigation process

Question 7

What is a warrant

Answer 7

a legal document issued by a court (judge or magistrate) authorising the use of particular police powers
- ensures police powers are only used in particular circumstances
- search warrants are used to invetstigate certain areas or to carry some other purpose, such as tapping telephone calls
- police and customs officers can obtain a customs warrant. This lasts for a specific period of time and allows the officers to enter and search any premises where drugs may be

Question 8

What is search and seizure

Answer 8

• where the police can search premises, vehicles and vessels, and seize property where they either have a search warrant issued, or they have reasonable grounds to suspect that stolen goods or evidence of the commission of an offence is present
• The police may also search a person who is under arrest and seize any item reasonably suspected of being unlawfully obtained or connected to a crime
• This is controversial as it has been argued that this is a breach and invasion of privacy, also due to the possible wrong police judgement and discretion. Therefore it is governed by strict regulations to protect individual rights

Question 9

LCMID legislation governing regulations of police search and seizure

Answer 9

LEPAR 2002
- aka The Law enforcement (powers and responsibilities) act 2002 (nsw)
- contain procedures for police to follow when conducting personal search or strip search, ensuring that dignity is maintained

Question 10

LCMID LEPAR reform for covert searches

Answer 10

LEPAR amendment (search powers) act 2009 (NSW) allows the police to search covertly for serious indictable offences