criminal investigation process
DESCRIPTION
TRANSCRIPT
The Criminal Investigation ProcessSection 2 - Crime
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Police Powers
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Police Powers
Police 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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WARRANT
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a 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 Crime
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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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Investigating Crime
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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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GATHERING EVIDENCE
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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 SECURITY SYSTEM
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USE OF TECHNOLOGY
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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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SEARCH AND SEIZURE
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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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USE OF WARRANTS
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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
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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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KIESHA MOTHER AND STEP DAD CHARGEDTEN NEWS 2011
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DETENTION AND INTERROGATION
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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
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Summons
a 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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Bail
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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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Remand
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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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Crime Question 15mks
assess the effectiveness of the criminalinvestigation process as a means of achievingjustice
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