legal criminal investigation long Flashcards
police powers
search and siezure arrest detain suspects interrogate suspects - LEPRA : Law Enforcement Powers and Resopnsibilities Act 2002
warrants
authorising officer to commit act
search and siezure law + against + for
LEPRA : ‘police had no idea about strip search laws watchdog finds’ . FOR: R v Vincent Stanford 2016 keys bootliner.
arrest law, definition and against case, for
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
summons/ court attendence notice
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.
bail or remand : LAW REFORM and against
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
detention and interrogation, law, define, for and against
LAW REFORM
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
the rights of suspects
must be informed of rights
right to request lawyer
mostly right to silence
Evidence types+ law
Evidence Act 1995 (NSW) oral testimony physical evidence fingerprints, DNA, Blood video survailence
Detention and interrogation LAW REFORM
Law enforcement powers and responsibilities amendment act 2014 Nsw to increase questioning from 4 to 6 hours.
Detention and interrogation rights to silence law reform
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
Non legal measures
rewards
media the law reform surrounding media : Mick hawi