the criminal investigation process

Question 1

what are the responsibilities of the police?

Answer 1

police are responsible for the prevention and detection of crime and for the maintenance of public order

Question 2

what are the powers of the police in the criminal investigation process?

Answer 2

police have the powers to investigate crimes, make arrests if necessary, interrogate suspects and gather evidence against the accused

Question 3

why might a person be hesitant to report a crime?

Answer 3

• reluctance to become involved or appear as a witness
• fear of the consequences if the crime is reported
• inability to report the crime
• instances in which the dispute has already been resolved (eg. a brawl or a theft by a person known to the victim
• the perceived time or administrative burden of reporting a crime

Question 4

what are the factors associated with investigating crime?

Answer 4

• gathering evidence in order to support a charge
• use of technology eg. DNA evidence
• search and seizure
• use of warrants

Question 5

when can police arrest a person?

Answer 5

police may arrest a suspect if they catch them committing a crime, they believe on reasonable grounds that a suspect has committed or is about to commit a crime, the person has already been charged for a serious indictable offence for which they have not been tried, or by possessing a warrant for that person’s arrest

Question 6

what is police detention?

Answer 6

detention is the time allotted (up to six hours, unless given a warrant for up to a further six hours) for police to hold a suspect in order to interrogate them regarding their arrest

Question 7

what is a caution?

Answer 7

a caution is a statement issued by police to a suspect when they are detained to inform them of their rights

Question 8

what is a court attendance notice?

Answer 8

a court attendance notice is a legal document that states when and where a person must appear in court and the charge to which they must answer

Question 9

what is bail?

Answer 9

bail is granted in serious instances when, once charged, an accused person is taken to a bail hearing in which an authorised officer determines whether they should be held in custody until their trial (remand) or whether they should be allowed to be temporarily released, usually under certain conditions

Question 10

what are the rights of suspects whilst being arrested?

Answer 10

• the right to legal representation
• the right to remain silent
• the right to be treated humanely
• the right to be informed for the reason for their detention
• the right to apply for bail

Question 11

what are some acts of legislation associated with the criminal investigation process?

Answer 11

• Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) - aka. LEPRA, outlines police powers and responsibilities
• Crimes Act 1900 (NSW) - defines various criminal offences and outlines penalties for these crimes
• Evidence Act 1995 (NSW) - governs the admissibility of evidence in criminal trials
• Bail Act 2013 (NSW) - outlines the circumstances in which a person accused of a crime can be granted bail

Question 12

what are some cases associated with the criminal investigation process?

Answer 12

• R v Rondo (2001) - admissibility of evidence obtained during police search
• R v Xie (2017) - reliability of forensic evidence
• R v Wood (2012) - police discretion

Question 13

what are some media articles associated with the criminal investigation process?

Answer 13

• “Bail laws toughened in NSW to hold defendants deemed ‘unacceptable risk’” (2014), Nick Dole, ABC News - ‘show cause’ amendments to Bail Act 2013 (NSW)

Question 14

what are some statistics associated with the criminal investigation process?

Answer 14

Bureau of Crime Statistics and Research (BOCSAR):
* 17% decrease in strip searches from June 2020-2021
* 2% of strip searches find prohibited items
* 5000 strip searches from June 2020-2021
* Bail Act 2013 (NSW)’s ‘show cause’ amendments have not increased police or court bail refusal rates