TOPIC 2 : CRIMINAL INVESTIGATION PROCESS

Question 1

What are the four types of evidence?

Answer 1

DNA
CRIME SCENE
ORAL
FINGERPRINT

DCOF

D : NA
C : RIMESCENE
O : RAL
F : INGERPRINT

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Question 2

Explain DNA evidence.

Answer 2

BCUR - Be a cure (DNA)

B : biological evidence used
C : an come from
U : sed to
R : v Cowan

DNA evidence is a form of biological evidence used in criminal investigations. This evidence can come from any body part but most commonly from hair, saliva, skin or blood. DNA evidence can be used to link/unlink, someone to/from a crime (whether a suspect, victim or witness), however, it cannot track down a potential suspect for interrogation. An example of this is R v Cowan. In 2003, Daniel Marcombe was killed by Cowan. His bones were found around the Glasshouse Mountains. Marcombe was identified as the victim through DNA analysis.

Question 3

Explain crime scene evidence.

Answer 3

T A I T

T : he physical evidence located
A : fter a crime scene has been established, police have permission to
I : f structural damage is required
T : his evidence is limited by

Crime scene evidence refers to the physical evidence located at the scene of a crime. After a crime scene is established by a police officer, police have the power to use the electricity and open anything unlocked. Additional powers are outlined in s176 of the PPRA. However, if structural damage is required to obtain evidence, an application must be submitted to a Magistrate or Supreme Court Judge (s166 PPRA). This evidence is limited if outdoors as various weather conditions could limit retrieval of important evidence.

Question 4

Explain police power to search a property in QLD referring to relevant section of the Police Powers and Responsibilities Act 2000 (QLD) and any relevant case example.

Answer 4

• Police have the power to search a property under the PPRA
• When searching the property, police must either have permission from the owner or obtain a search warrant (s150-151 PPRA) to lawfully search the premises.
• If the police do not have a warrant, they must have a reasonable suspicion that a part 2 offence is being, has been or is going to be committed
• Police can lawfully search without a warrant when they reasonably suspect that valuable evidence will be lost unless the place is immediately entered and searched (s159-160 PPRA).
• R v Dang where police set out to locate a suspect’s car. The car was spotted, however instead of Dang, a female who then entered the house was driving. The officer believed the offender would be alerted of their presence and this would result in concealed or destroyed evidence.

Question 5

Explain police power to arresting and detaining a person in QLD referring to the relevant section of the Police Powers and Responsibilities Act 2000 (QLD) and any relevant case example.

Answer 5

• Under ss365-373, police have the power to arrest and detain a person
• Police may arrest lawfully with or without a warrant
• No warrant means indictable offence and a reasonable suspicion a crime has occurred is required
• A reason a police officer may arrest someone is to prevent the continuation of a crime
• Police may use reasonable force
• Kriston v Commissioner of Police:
  After being asked to move on, Kriston refused and soon resisted arrest (violently pushed against a railing). The officer confirmed he was preventing the continuation of an offence. While there was no threat from Kriston, the officer was concerned about the situation threatening the safety of other people - arrested quickly due to the belief he was going to escalate and resist police further

Question 6

Explain situations where search and arrest warrants are required

Answer 6

• A search warrant is required to seize or search property or a person when there is no reasonable suspicion, or owner permission is not granted
• An arrest warrant is required when it is reasonable to believe the person will not voluntarily submit to court custody (failing to attend court when required)

Question 7

Explain the characteristics of an effective law

Answer 7

• To have an effective law, four characteristics are needed.
• Firstly, the law must be known to the public.
• Secondly, the law must be able to be enforced.
• Thirdly, the law has to be acceptable to the community, and
• finally, the law should be equal and impartial.

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