legal criminal investigation long Flashcards

1
Q

police powers

A
search and siezure 
arrest
detain suspects 
interrogate suspects
- LEPRA : Law Enforcement Powers and Resopnsibilities Act 2002
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2
Q

warrants

A

authorising officer to commit act

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3
Q

search and siezure law + against + for

A

LEPRA : ‘police had no idea about strip search laws watchdog finds’ . FOR: R v Vincent Stanford 2016 keys bootliner.

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4
Q

arrest law, definition and against case, for

A

with warrant or suspect on reasonable grounds it is a last resort. Law Enforcement Powers and responsibilities act 2002 ‘Family want constable charged over aboriginal boys arrest’ June 2020 SMH FOR: vincent Stanford = safety and justice

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5
Q

summons/ court attendence notice

A

states time and date the defendent has to appear at court more appropriate if defendant is a minor, unlikely to reoffend and will turn up at court.

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6
Q

bail or remand : LAW REFORM and against

A

Bail Act 2013 - police or magistrate can grant bail unacceptable risk test
Bail Amendment Act 2014- have to show cause for bail (Mick Hawi public outrage for manslaughter )
Bail Amendement act 2015 NSW- any terrorism links to be refused bail: Man Monnis lindt seige, on bail at time for sex offenses and murder accessory
against: shifts presumption of innocence

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7
Q

detention and interrogation, law, define, for and against

LAW REFORM

A

Law Enforcement (Powers and responsibilities act 2002) nsw . after arrest able to be detained for 6 hours without warrant or charge, further 6 hours with another warrant after this they must be charged or released. FOR: riger Dean nursing home arson

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8
Q

the rights of suspects

A

must be informed of rights
right to request lawyer
mostly right to silence

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9
Q

Evidence types+ law

A
Evidence Act 1995 (NSW)
oral testimony
physical evidence 
fingerprints, DNA, Blood 
video survailence
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10
Q

Detention and interrogation LAW REFORM

A

Law enforcement powers and responsibilities amendment act 2014 Nsw to increase questioning from 4 to 6 hours.

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11
Q

Detention and interrogation rights to silence law reform

A

The evidence amendment (evidence of silence) Act 2013 Nsw amended the evidence act 1995 Nsw to allow the jury to treat silence as demonstrating guilt

when:
- serious indictable offense
- accused is an adult
- only when lawyer is present
- only when suspect is told of the law

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12
Q

Non legal measures

A

rewards

media the law reform surrounding media : Mick hawi

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