CRIMINAL INVESTIGATION yr 12 Flashcards
What are some police powers?
- Search and seizure
- Access to information
- Interrogation
- Electronic surveillance
- Medical examinations
- Detention
- Search and seizure
Police have power search people places and motor vehicles, have power to search premises in order to investigate crime or discretion based in suspicion, or can get invited in
- Access to information
COPS computerised operational policing system, gives police ability to cross reference details on all persons of interest and previous records and convictions of individuals
- Interrogation
police have right to ask questions but suspect need not answer them - drivers licence- give name and address of driver involved in motor accident- person must give info to customs officer about drug smuggling.
Verbal- Police have been accused of making people give fake confessions and use threats of violence to make confessions. Most stations and police have cameras to protect people from verbals.
- Electronic surveillance
- Medical examinations
- Electronic surveillance- may tap phones if they obtain warrant from judge. Do not need warrant in case of kidnapping or hostage taking.
- Cameras in public places, wearing wires.
- Medical examinations- arrested person may be ordered to undergo medical exam. Under Crimes (forensic produces) act 2000 people convicted of serious offences can be tested.
- DNA, fingerprints, hair sample, Semen ( for identification)
- Detention
Police may not detain someone unless arrested Law enforcement ( powers and responsibility ) amendment act 2014 NSW
Section 112 right to arrest
Section 201 search and seizure
Indefinite detainment- those who are suspected or may be involved in terrorism.
- Max 4 hours of investigation may request for magistrate to add another 4
- drunk or disorderly up to 48 hours.
What is Role of discretion
Police must decide which areas to patrol which crimes to target and reports to investigate due to limited resources.
-may be more likely to go to areas with higher crime rate e.g Redfern more indigenous.
- discretion used whether to investigate whether to charge suspect of give caution.
- be influenced by alleged offenders race, gender, appearance.
Reporting a crime
- first step in the criminal investigation process.
- most crimes are detected or discovered or detected by citizens who may be witnesses or victims of a criminal offence.
- Crimes may go unreported for reasons such as
- may make victims own illegal actions/ omissions present
- may know friend/ family feelings of fear, loyalty and protection.
- red tape too much hassle
- feelings of humiliation shame sexual assault cases.
Investigating crime
- police are main investigators of crime however there are many other law enforcers
- social security officers e.g., social security fraud
- tax officials, tax fraud
- local government officials e.g., in matters of illegal parking etc - Gathering evidence, use of technology, search and seizure and use of warrants are undertaken when investigating a crime.
Gathering evidence & Use of technology
- Gathering evidence- after crime is reported, police gather evidence. E.g., interview possible witnesses.
- Use of technology- police may use technology to gather and assess evidence, phone taps, video surveillance, DNA collection and evidence.
Search and seizure & Use of warrants
- Search and seizure- police and other people e.g., custom officers have power to search people their belongings or premises to take it away if it is illegally held or to be used as evidence.
- Use of warrants- warrant is a written authorisation issued by judge of magistrate, which gives police power to take action authorised by it. E.g., search premises.
Police may attain custom warrants lasts for specific period of time allowing police to enter and search premises where drugs may be.
Warrants may not be needed when - police wish to arrest person reasonably suspected or committing crime
- have reason to believe reasonable ground domestic violence has occurred.
Arrest and charge, summons and warrants
Three ways the police can bring an alleged offender to court after an investigation:
* Information and summons- official legal document, which commands the person who is addressed to appear in court on a particular day to answer claims made against him/ her.
* Information and warrant- written authorisation by a judge or magistrate which gives the police power to arrest the person named on it.
* Arrest without warrant- police may arrest anyone they reasonable suspect of having committed a crime or was about to commit a crime.
On arrest police must
- tell person why they are being arrested
- tell person they are under arrest
- touch the person being arrested
Reasonably suspect means police discretion enters into matters of arrest, e.g. case of minors warning or arrest.
Citizens arrest & Criminal charges
- Citizen’s arrest- ordinary person may arrest another person when. (No reasonable suspicion unlike police)
- a crime has been committed or attempted
- there is immediate danger of crime being committed
- breach of peace is or is about to be committed
- Criminal charges- police use discretion when laying criminal charges. Decide charges based on evidence which they have gathered from their investigation.
Bail or Remand
Bail- is an agreement to attend court to answer a criminal charge. Bail Act 2013 (NSW)
- if granted the defendant is free to go but must attend court on the day specified.
Remand- is the term for what happens to the accused when bail is refused (defendant remains in custody in prison until trial)
- bail can be conditional e.g., pay sum of money which is returned when accused appears in court or accused must report to police station every day. Or it can be unconditional
-Can be granted at any stage during criminal trial process.
-Cannot make additional application for bail unless new facts are presented to the court, or they had no lawyer at first application.
