Chapter 3 - Police Investigation Flashcards Preview

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Flashcards in Chapter 3 - Police Investigation Deck (20)
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Purpose of a police investigation

- Arrest a subject, present them to a court for trial
- produce evidence to prove defendant is guilty

1

Identification can occur if the police have reasonable doubt that

- you've committed an offence
- you're in the process of committing an offence
- you're able to assist in their investigation
- you're driving
- they have increased powers under legislation for a particular location

2

If police want to ask you further questions at the station, you do not have a legal requirement to accompany them unless you are

- under arrest
- taking a breath test
- felt to require police protection

3

Arrest can occur in three ways

- by police, with a warrant
- by police, without a warrant
- by a member of the public

4

Warrant

A written order from a magistrate directing the police to search a persons premises, seize a persons goods or arrest a person

5

Arrest by police, without a warrant

- hold reasonable belief that the person has committed an offence
- ensure person appears in court
- preserve public order
- prevent further offences
- for safety of the public

6

By police, with a warrant

- magistrate has issued a warrant for the arrest of the person
- name of person is already known by police

7

Bail

Agreement to release a person accused of an offence and held in custody.

8

In police custody, you have the right to a phone call unless

- warning others involved in the crime
- might result in evidence being lost/destroyed
- might put others at risk
- you're involved with a drink driving incident

9

In police custody, if under 18, parent or guardian must be present unless

- it isn't possible (they'll get another person)
- it'll endanger others
- it'll hamper investigation
- it'll prevent capture of another person

10

How long can you remain in custody for

When being questioned by police, reasonable time, depending on severity and complexity of the matter

11

Police searches that can occur following arrest

Anything up to full body search, unless urgent

12

Police searches that can occur when a person is in a designated area

Areas that there is likelihood that at person would be carrying a concealed weapon

13

When searching private property without a warrant

- To arrest a person who committed an indictable offence
- Find a person who escaped custody
- Find someone in the process of committing and offence

14

Intimate samples and non-intimate samples

Intimate - pubic hair, blood

Non intimate - Hair, fingernail

15

Forensic procedures on young people

- only on people aged 10-17 with Children's Court Order
- can't be done on a person under 10

16

Destruction of forensic samples

Police must destroy any evidence within 6 months of them being taken if
- suspect hasn't been charged
- suspect has been charged but charge wasn't proceeded with
- suspect hasn't been found guilty

17

Summons

Sent to the offender summoning them to appear in court at a set time

18

Surety

A promise that the accused will appear in court and bail conditions will be met

19

Remand

The holding in custody while awaiting trial or sentencing