criminal investigation process

The Criminal Investigation ProcessSection 2 - Crime

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Main Syllabus Points

Hint: A small section of the syllabus but still important as multiple choice and 15 mark questions can be taken from here

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Police PowersPolice form part of the executive arm of government

Investigate crimes, make arrests, interrogate suspects and gather evidence against the accused

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

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Main police powers:

detain and question suspects

search property and seize evidence

use reasonable force if necessary to carry out their duties

use particular technologies to assist an investigation, such as phone taps, surveillance or DNA samples

arrest and interrogate suspects

recommend whether bail should be granted.

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NSW POLICE FORCE 150 YEARS

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Legal document issued by magistrate authorising an officer to perform a particular act, for example make an arrest, conduct a search, seize property or use a phone tap

WARRANT

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SEARCH WARRANT - ARREST

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Reporting CrimeCitizens play an important role in reporting crime. e.g Crime Stoppers

People may not report crime because:

reluctant to appear as a witness

fear of the consequences after reporting a crime

the dispute may have been resolved with the offender and victim

burden of time through the reporting process

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Hint: When balancing the rights of society, programs such as crime stoppers is very effective

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Investigating Crime

Not all reported crimes are fully investigated and prosecuted because:

resources are given to higher cases

the time it takes to investigate

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Enough evidence has to be gathered to support a charge

Evidence is documented in situ (in the place) and must be done correctly otherwise it may be inadmissible evidence

All evidence must be contained in a lawful manner

GATHERING EVIDENCE

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DNA REGISTRATION

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DNA evidence is an important advance in technology helping some difficult convictions in both current and cold cases.

There have been concerns about relying only on DNA testing to prove a conviction

USE OF TECHNOLOGY

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DNA IN CRIME INVESTIGATION

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Police have the power to search and detain things in certain circumstances, even without the use of a warrant

Police can stop a person on reasonable grounds or suspicion of criminal behaviour

SEARCH AND SEIZURE

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This Judicial oversight helps contain police powers (separation of powers) and maintains the rule of law

USE OF WARRANTS

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Arrest and Charge

Police cannot detain a person unless they have a good reason

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) gives police powers to arrest

Arrest warrants require police to justify their suspicions based on reasonable evidence

If police officers use unreasonable force, they may also be charged

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Hint: Sniffer Dogs are a good example for balancing the rights of the accused and society

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KIESHA MOTHER AND STEP DAD CHARGEDTEN NEWS 2011

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Lawfully police can only detain a suspect for a period of four hours, this can be extended to 8 hours under Magistrate approval

Interrogation begins with questioning and interviews, suspect will be given a caution before the interrogation begins

DETENTION AND INTERROGATION

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Suspect has the right to silence

Any suspect under the age of 18 has the right to a responsible adult being present

The interview is recorded on one videotape and two audio recordings

If charged the accused will be brought in front of a Magistrate for a bail hearing

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KELLI LANE CASEABC NEWS 2011

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Summons

Legal document that states when and where a person must appear in court and, if they are the accused, the charge to which they must answer

Witnesses will also receive a summons to appear in court

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BailThe temporary release of an accused person awaiting trial, sometimes on particular conditions such as surety of a sum of money as a guarantee

Bail may not be given to the accused if:

the victim is in fear of reprisalsthe accused is a danger to societythe accused may commit another crimethe accused may flee the country

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This case shows the discretion used by the Judge in a bail hearing

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Amended s.22A that prevents a defendant from making an additional application for bail unless there are unique circumstances

Increase number of people on remand,harsh effect on juvenile offenders and Indigenous Australians

BAIL AMENDMENT ACT 2007

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Hint: Bail is a great topic when considering the balance of rights in the criminal justice system

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Remand

a period spent in custody awaiting trial at a later date

If the accused is found guilty, the time the offender had spent in remand is usually taken off the total time of their sentence

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Multiple Choice: Crime

1. A summons is best described as:

a) a legal document which compels you to attend court to give evidence or answer charges

b) a legal document permitting the search of your business

c) a legal document between two parties issued after a divorce is finalised

d) a legal document signed by you agreeing to adhere to bail conditions

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ANSWER:

a) a legal document which compels you to attend court to give evidence or answer charges

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2. Which of the following is not likely to be considered evidence?

a) drugs b) a gun c) witness testimony d) none of the above

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ANSWER:

d) none of the above

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3 Which of the following must police usually have a search warrant for?

a) youb) your home c) your car d) your bag

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ANSWER:

b) Your Home

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4. Which of the following is a factor why someone might not be held on remand?

a) they are a flight risk

b) they committed a violent crime such as murder

c) they committed a non-violent crime such as larceny

d) they are a repeat offender who may go andcommit another offence straight away

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ANSWER:

c) they committed a non-violent

crime such as larceny

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5 How long may police hold a suspect without charge for if they do not have an extension from a judge/magistrate?

a) four hours

b) eight hours

c) 12 hours

d) indefinitely

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ANSWER:

a) Four Hours

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6. The majority of police powers in NSW are contained under which statute?

a) Police Powers Act (Amended) 1900 NSWb) Law Enforcement Act 2006 NSW

c) Police Powers and Responsibilities Act 1985 NSWd) Law Enforcement (Powers and Responsibilities) Act

2002 NSW

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d) Law Enforcement (Powers and Responsibilities) Act 2002 NSW

ANSWER:

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7. Police in NSW have broad powers to stop and search people and seize items they are carrying. Which statement best describes the minimum requirement for a police member to use this power?

a) They believe beyond a reasonable doubt that the person is carrying something stolen or used to commit an indictable offence

b) They believe on reasonable grounds that the person is carrying something stolen or used to commit an indictable offence

c) They believe on a balance of probabilities that the person is carrying something stolen or used to commit an indictable offence

d) they have proved to a judge that the person is carrying something stolen or used to commit an indictable offence

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b) They believe on reasonable grounds that the person is carrying something stolen or used to commit an indictable

offence

ANSWER:

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8) A police officer issues a caution instead of an on-the-spot fine to a person whose car is illegally

parked. What is the police officer’s action an example of?

(A) Discretion (B) Corruption

(C) A breach of criminal law (D) A breach of the rule of law

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A) Discretion

ANSWER:

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9) Lou is suspected by the police of having stolen a car.

Which of the following is a legal power that the police have when they approach Lou?

(A) To arrest Lou (B) To fingerprint Lou

(C) To require Lou to answer questions (D) To require Lou to go to the police station

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A) To arrest Lou

ANSWER:

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Crime Question 15mks

assess the effectiveness of the criminalinvestigation process as a means of achievingjustice for the accused, victim and society

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