Flashcards in The Criminal Investigation Process Deck (18)
What are the 6 police powers and act
LEPRA 2002 (NSW)
1. Power to arrest
2. Power to issue cautions, warnings and infringement notices for minor offences
3. Right to obtain identification
4. Power to enter premises to prevent a breach of the peace, domestic violence or to arrest
5. Emergency powers may be authorised in a large scale public disorder
6. Power to stop, search and detain
Who reports crime? And limitations
-reluctance to be involved
-fear of consequences
Why is crime investigated?
To establish whether a crime has occurred and to gather evidence to support the arrest
Gathered ‘in situ’. Evidence that is contaminated or compromised is deemed inadmissible
Types of technology + act
Crimes (forensic procedures) act 2000 (NSW)
Process of search and seizure + case
Police can stop and detain for the purpose of a search if they have reasonable grounds to suspect that a person is carrying illegal articles.
‘Use of sniffer dogs’
How are warrants obtained?
Court authorises search warrants if police can provide reasonable grounds for them and believe they will result in arrest
How does an arrest occur?
1. Police inform they are under arrest and why
2. The suspect is cautioned
3. Police have a warrant or believe the suspect is about to commit a crime, has just committed a crime or witnessed a crime taking place
What happens after a person is charged?
Receives notification about their first court date and are fingerprinted, suspect must only provide name and address
What are field CANS
On the spot “court attendance notice”
Provide the accused with details of the alleged offence, date and time the are required to appear in court and consequences of not showing
What does a warrant allow?
Authorises police to arrest someone
What is a bench warrant?
Warrant for a persons arrest who failed to show in court
What is bail? + act + 4 bail considerations
Temporary release of an accused person awaiting trial, sometimes on particular conditions
Bail act 2013 (NSW)
Based on an unacceptable risk test: 4 bail concerns must be considered:
1. Failure to appear
2. Commit a serious offence
3. Endanger safety of people
4 interfere with evidence or witnesses
These may be remedied with bail conditions
2014- show cause
What is remand? Who is it for?
Period spent in police custody or at a remand centre, awaiting trial. Remand is usually sought for people who have committed particularly violent crimes, dangerous criminals, repeat offenders or those fought to be flight risk
Aspects of detention
Have to arrest to question
6hrs + 6 hrs. This does not include ‘time outs’ unless they exceed two hours. After this time must be charged or unconditionally released
Rights in interrogation
-Not required to say anything
-if chooses to partake in ERISP must be given copy at conclusion