Police powers and evidence Flashcards
(4 cards)
what legal procedures do police have to follow when collecting evidence
legitimate purpose (must be satisfied there are reasonable grounds)
suspects rights (suspects have the right to privacy and mustn’t be questioned during the process)
reasonable force (the person collecting evidence can use reasonable force but not to the point it’s degrading or cruel)
chain of custody (evidence must be documented, secured and labeled)
the powers police have include search and seizure, arrest, interrogation and forensics. what do these powers mean
search and seizure- police who suspect a crime, search a person’s property and confiscate any evidence
arrest- seizing someone by legal authority and take them into custody
interrogation- law enforcement’s questioning someone with the goal of getting useful information
forensics- scientific tests used for the detection of crime
what legislation’s set limits on the powers police have
The Australian Federal Police Act 1979 (defines the powers and responsibilities), the Crimes Act 1914 (outlining the powers of police in relation to certain crimes) and the Law Enforcement Act 2002 (outlines powers and responsibilities)
balance must be maintained by police through individual rights and public safety. what does it mean by those two things
individual rights- the right to silence, the right to legal advice, the right to be informed of arrest, the right for an interpreter
public safety- patrolling areas, building trusted relationships with community members, maintaining public order, well-being and security of the community