The Criminal Investigation Process

Question 1

What is a warrant?

Answer 1

legal document issued by magistrate/judge authorising the performing of a particular act

Question 2

do police have a right to search a premises?

Answer 2

no, a warrant must be obtained

Question 3

does a warrant need reasonable grounds to suspect?

Answer 3

yes

Question 4

can police use their discretion to search without a warrant?

Answer 4

yes, it is managed under the Police Powers and Responsibilities Act (NSW)

Question 5

How more likely were jurors to deliver a guilty verdict in homicide cases where DNA evidence was presented?

Answer 5

23

Question 6

what are the two types of DNA?

Answer 6

intimate and non-intimate

Question 7

an adults be ordered to take a non-intimate DNA sample?

Answer 7

they can consent, but if they do not a senior constable can order for it to be taken

Question 8

when can intimate samples be obtained? indictable or summary offences

Answer 8

indictable offences

Question 9

can adults be ordered to take an intimate DNA sample?

Answer 9

they can consent, however if not a magistrate can order them to do so

Question 10

do people aged 10-18 need authorisation from a magistrate to collect non-intimate DNA samples?

Answer 10

yes

Question 11

children aged 10-18 can only undergo more invasive procedures with a ….

Answer 11

court order

Question 12

can police question you while performing the inspection? (DNA)

Answer 12

no

Question 13

does the consent to DNA sampling need to be recorded

Answer 13

yes

Question 14

can police use force while taking a DNA sample

Answer 14

reasonable force is allowed

Question 15

must there be reasonable grounds that you have committed a crime to warrant your arrest?

Answer 15

yes

Question 16

what must police tell you when they arrest you?

Answer 16

that you’re being arrested, why, who they are, explain your right to silence

Question 17

you can only be detained up to

Answer 17

6 hours

Question 18

in what cases does the ‘clock’ stop? (arrest)

Answer 18

e.g. waiting for a lawyer (max 2 hours), sobering up, medical treatment

Question 19

when do you have a right to silence during the legal process?

Answer 19

at all times

Question 20

how long can police detain a person without a warrant?

Answer 20

6 hours

Question 21

what is the maximum length of detention after receiving a warrant

Answer 21

12 hours

Question 22

what rights to suspects have during detention?

Answer 22

to have all conversations electronically recorded, make contact with others, silence

Question 23

when do children and indigenous Australians have an entitlement to Legal Aid?

Answer 23

at all times

Question 24

how long can police detain you under preventative detention?

Answer 24

up to 4 days

Question 25

how often must a senior officer review the preventative detention?

Answer 25

every 12 hours

Question 26

do police need to present the suspect to a court during preventative detention

Answer 26

no, they are self-authorising

Question 27

do you have a right to contact a lawyer/friends+family if you are in preventative detention?

Answer 27

no, it is up to the discretion of the police

Question 28

what if police want to keep you longer than 4 days (preventative detention)

Answer 28

they must apply to the supreme court for a detention warrant