The Criminal Investigation Process Flashcards
What is a warrant?
legal document issued by magistrate/judge authorising the performing of a particular act
do police have a right to search a premises?
no, a warrant must be obtained
does a warrant need reasonable grounds to suspect?
yes
can police use their discretion to search without a warrant?
yes, it is managed under the Police Powers and Responsibilities Act (NSW)
How more likely were jurors to deliver a guilty verdict in homicide cases where DNA evidence was presented?
23
what are the two types of DNA?
intimate and non-intimate
an adults be ordered to take a non-intimate DNA sample?
they can consent, but if they do not a senior constable can order for it to be taken
when can intimate samples be obtained? indictable or summary offences
indictable offences
can adults be ordered to take an intimate DNA sample?
they can consent, however if not a magistrate can order them to do so
do people aged 10-18 need authorisation from a magistrate to collect non-intimate DNA samples?
yes
children aged 10-18 can only undergo more invasive procedures with a ….
court order
can police question you while performing the inspection? (DNA)
no
does the consent to DNA sampling need to be recorded
yes
can police use force while taking a DNA sample
reasonable force is allowed
must there be reasonable grounds that you have committed a crime to warrant your arrest?
yes
what must police tell you when they arrest you?
that you’re being arrested, why, who they are, explain your right to silence
you can only be detained up to
6 hours
in what cases does the ‘clock’ stop? (arrest)
e.g. waiting for a lawyer (max 2 hours), sobering up, medical treatment
when do you have a right to silence during the legal process?
at all times
how long can police detain a person without a warrant?
6 hours
what is the maximum length of detention after receiving a warrant
12 hours
what rights to suspects have during detention?
to have all conversations electronically recorded, make contact with others, silence
when do children and indigenous Australians have an entitlement to Legal Aid?
at all times
how long can police detain you under preventative detention?
up to 4 days
how often must a senior officer review the preventative detention?
every 12 hours
do police need to present the suspect to a court during preventative detention
no, they are self-authorising
do you have a right to contact a lawyer/friends+family if you are in preventative detention?
no, it is up to the discretion of the police
what if police want to keep you longer than 4 days (preventative detention)
they must apply to the supreme court for a detention warrant
