Police Powers

Question 1

LEPRA

Answer 1

Law Enforcement (Power and Responsibilities) Act 2002 (NSW)

Question 2

police discretion

Answer 2

what police MAY do, can be used positively or negatively

Question 3

when is discretion removed

Answer 3

when police have a legal obligation

Question 4

some police powers under LEPRA

Answer 4

investigate crime, undertake forensic procedures, decide on bail or remand, create a crime scene

Question 5

article - knife wielding

Answer 5

“knife-wielding man fatally shot…” ABC news, Feb 2023

Question 6

article and elaborate: NSW police

Answer 6

“NSW police investigate officer filmed kicking, pinning down Indigenous teen during arrest” ABC news, June 2020
- excessive use of force, abuse of power, did not uphold the rule of law, the outcome of justice for the victim portrayed the enforceability of the law, rights and justice

Question 7

LEPRA (21) of the Crimes Act 1900 (NSW)

Answer 7

“police are able to search an individual’s person and possessions with or without a warrant”

Question 8

warrant

Answer 8

document from a judicial officer that permits police to carry out functions

Question 9

case - atalla

Answer 9

Atalla v state of NSW (2018) - subjected to a full body strip and squat, showing genetillia, this was claimed unlawful and unjustified, $100,000 damages, not resource efficient, protected societies rights

Question 10

article and elaborate - roberto

Answer 10

“Roberto Curti : millions of taxpayer dollars spent defending NSW police involved in taser death” - ABC, Aug 2016.
- tasered 14 times for the assumption of armed robbery
- no threat to society, stole a packet of biscuits
- excessive force and injustice
- public outcry
- opposed the rule of law

Question 11

effective law reform

Answer 11

the “police integrity commission” was disbanded after Curti (this is when police investigated each other), the “law enforcement conduct commission” was introduced, an impartial/independent body where police complaints can be made

Question 12

discretion used - CM

Answer 12

police made a crimescene, consolidated suspects to arrest/interrogate (Stein), investigated the crime scene (Colo river), undertook forensic procedures (toxicology), charge suspect

Question 13

5 charges against Stein

Answer 13

1. Children (Criminal Proceedings) Act 1987 (NSW)
2. Crimes (Sentencing Procedure) Act 1999 (NSW)
3. Crimes Act 1900 (NSW)
4. Crimes Act 1914 (CTH)
5. Criminal Code Act 1995 (CTH)

Question 14

investigation of firearm

Answer 14

the Blue Mountains luxury estate (Mount Wilson) was searched for a firearm, as it claimed the gun holder had been alone with CM while Kallista stayed elsewhere

Question 15

example - charlise muttens..

Answer 15

“Charlise Muttens cause of death revealed” 9 NEWS Australia video

Question 16

key locations investigated

Answer 16

1. 6pm, BP Marsden Park 13.01.22
2. 7.17pm, Victoria Rd Drummoyne 13.01.22
3. 7.20pm,Bayswater Rd Drummoyne 13.01.22
4. Five Dock boat ramp

Question 17

Five Dock boat ramp event

Answer 17

alleged Stein tried. to dump CM body before attempting again at the Windsor boat ramp in the early house of the morning, she was reported missing