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Flashcards

Criminal Investigation Process

Sophie Barnes English 37 cards

Cards in this deck (37)

  1. 1SP2a: Police Powers What is the responsibility of the police?- Enforcing criminal laws and ensuring that they are adhered to.
    - Responsible for the prevention and detection of crime and for the maintenance of public order.
  2. 2SP2a: Police Powers What is the role of police in society?- In the criminal investigation process: to investigate crimes, make arrests if necessary, interrogate suspects and gather evidence against the accused.
  3. 3SP2a: Police Powers What is the challenge faced by police? What legislation contains the police powers?- To balance the extent of powers required by police against the rights of ordinary citizens.
    - Police legal powers are contained in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
  4. 4SP2a: Police Powers What are the main police powers?- Detain and question suspects.
    - Search property amd seize evidence (search and seizure).
    - Use reasonable force if necessary to carry out their duties.
    - Use particlar technologies.
    - Arrest and interrogate suspects.
    - Recommend whether or not bail should be granted.
  5. 5SP2a: Police Powers What are the conflicts with the right of the individual?- If one citizen were to use force to detain another in public, they may be criminally liable for offences.
    - Lawmakers deem such police powers necessary to ensure that criminal laws can be effectively enforced and public order maintained.
  6. 6SP2a: Police Powers What prevents the abuse of police power?- Follows a specific code called the Code of Practice for CRIME = Custody, Rights, Investigation, Management and Evidence.
    - Sets out rights of suspects ad the manner in which the investigations should be carried out.
    - Overseen by the NSW Ombudsman and the Police Integrity Commission (PIC).
  7. 7SP2a: Police Powers Define 'reasonable grounds'.- Police must have a factual basis for their suspicion.
  8. 8SP2b: reporting crime What is the need to report crime?- Police and enforcement agencies cannot detect and stop every crime.
    - Strong reliance on society to report criminal activity.
    - Development of community programs (CrimeStoppers and Neighbourhood Watch) to establish connection between community and the police.
  9. 9SP2b: reporting crime Why is there a reluctance to report crimes?- Unwilling to become involved.
    - Do not want to be a witness.
    - Fear of the consequences
    - Inability to report the crime.
    - Dispute has already been settled.
    - Length of time or burden to report.
    - Fear of own reputation being questioned.
  10. 10SP2c: Investigating crime What do police base their discretion on?- Severity of the offence
    - Likelihood of success
    - Availability of resources
    - Priorities
  11. 11SP2c: Investigating crime Why can the investigation process be long?- Establishing whether a crime has been committed.
    - Finding the offender
    - Gathering enough evidence for conviction.
  12. 12SP2c: Investigating crime (gathering evidence) How does the gathering of evidence process work?- Police gather physical evidence (DNA, fingerprints, weapons, statements, photographs).
    - Collection is fast so nothing can be contaminated.
    - Crime scenes are observed until specialists arrive.
    - Evidence Act 1995 (NSW) outlines lawful and proper collection of evidence.
  13. 13SP2c: Investigating crime (use of technology) Why do police use technology?- Used to gather evidence and proive charges.
    - Technology must be reliable, as doubts can lead to inadmissability.
    - Fingerprinting and DNA analysis allow sharing of info.
    - Cybercrime units can locate criminals.
    - DNA is compelling evidence.
  14. 14SP2c: Investigating crime (search and seizure) Outline this process of search and seizure.- Intrusion into people's privacy.
    - NSW police can stop and search where based on reasonable grounds they believe:
    - A person has stolen property, about to commit a crime, a prohibited drug or plant, a dangerous article in a public place.
  15. 15SP2c: Investigating crime (search and seizure) What challenges do police face with search and seizure?- Police can search anything in a person's possession or control, only under reasonable grounds.
    - Police will request cooperation of a suspect.
    - LEPRA outlines strip searches.
    - Warrants are required in some situations.
  16. 16SP2c: Investigating crime (use of warrants) Explain warrants.- Legal document issued by a judge or magistrate, authorising police to perform an act.
    - Sniffer dogs can be used on: pubs/clubs, public events and public transport.
    - To get a warrant, substantial evidence is required.
  17. 17SP2d: arrest and charge, summons, warrants Explain arrests.- Lawful taking into custody.
    - The suspect was caught committing an offence, a belief on reasonable grounds that a suspect has committed an offence.
    - A belief on reasonable grounds that a suspect is about to commit an offence, the suspect has committed an offence for which they have not been tried.
    - Police possess a warrant for that persons arrest.
  18. 18SP2d: arrest and charge, summons, warrants What makes an arrest legal?- Arrest should only be the last resort.
    - The police must state they they are being arrested and why.
    - Police are able to use whatever reasonable force necessary.
    - Required to tell the suspect if they have a weapon, and are willing to use it.
    - Must inform them of their rights.
  19. 19SP2d: arrest and charge, summons, warrants What is a charge?- Legal process which outlines the specific offence --> that the person is required to attend court.
    - At the end of the maximum detention period, the suspect must be charged or released.
  20. 20SP2d: arrest and charge, summons, warrants What is a court attendance notice?- A legal document that clearly stated when and where a person must appear in court and the charge they must answer.
  21. 21SP2d: arrest and charge, summons, warrants What is a subpoena?- The witness version of a court attendance notice --> required to give evidence, and a fail to do so may lead to arrest and charge.
  22. 22SP2d: arrest and charge, summons, warrants Explain warrants.- Search and seizures in NSW require a warrant.
    - Helps to safeguard the rights of citizens -- no abuse of police powers.
    - Emergency warrants = granted over phone when judge is not available.
    - States the reason for the search and the articles being searched for.
    - Police may videotape the search to protect against accusations of misconduct.
  23. 23SP2e: Bail or remand What is bail?- An authority given to an accused allowing them to be free in the community until their case is heard.
    - Must agree to attend court to answer a criminal charge.
    - If not granted bail, they are held on remand.
  24. 24SP2e: Bail or remand What is 'unacceptable risk'?- The accused may fail to appear in court
    - Commit a serious offence
    - Be a danger to victims or other members of society.
    - Interfere with evidence or witnesses.
  25. 25SP2e: Bail or remand What are bail conditions?- Aim to reduce or remove any unacceptable risks.
    - Takes into account background, community links, strength or prosecution's case, special needs, seriousness of offence.
    - Give the court money which will be lost if they breach the bail conditions.
    - Limit their activities or where they live.
    - Report to the police regularly.
    - Submit to drug and alcohol testing.
  26. 26SP2e: Bail or remand Explain the Bail Act 1978 (NSW).- When laws concerning bail were consolidated for the first time.
    - Reforms to this act have resulted in:
    - A lack of consistency in bail conditions, incorrect application of the legislation, poor understanding of the role of bail, large number of offenders held on remand, but did not receive a custodial sentence in court.
  27. 27SP2e: Bail or remand Why did the NSW Law Reform Commission review these bail laws?- To protect the community
    - For consistency in decision making
    - For simplicity in approach so that the Act is easy to understand.
  28. 28SP2e: Bail or remand Explain the Bail Act 2013 (NSW).- Operates by assessing the risk posed by an individual when deciding on bail or remand.
    - Intended to be simple, easy to understand and balance the needs of the community with the accused's rights.
    - Maintains presumption of innocence.
    - Bail will be granted if a judge is satisfied of no unacceptable risks.
    - Adults can apply for bail once, and young offenders twice.
  29. 29SP2e: Bail or remand Explain the Bail Amendment Act 2014 (NSW).- Responsibility on the accused to 'show cause' why their detention in custody is not justified.
    - These changes have been criticised as the presumption against bail has been directly reintroduced and the presumption of innocence has been compromised.
  30. 30SP2e: Bail or remand What do 'show cause' offences include?- Punishable by a life sentence.
    - Child sex offences
    - Personal violence = murder/manslaughter
    - Some drug offences
    - Prohibited weapons
    - Committed a serious offence whilst on bail.
  31. 31SP2e: Bail or remand Has there been any further reform?- Offenders with an offence carrying a jail term who have terrorism links will not be granted bail.
    - Man Monis and the Lindt Cafe Siege.
    - Changes are designed as 'additional protection' methods.
  32. 32SP2e: Bail or remand Explain the Bail Amendment Act 2015 (NSW).- As a result of the reaction to the Sydney Siege, this reform was introduced.
    - Regulated those suspected of terrorist activities and will be refused bail.
    - Any person who is identified as a terrorist, is linked to terrorism, have associations with terrorist organisations, made statements supporting terrorism.
  33. 33SP2f: detention and interrogation, rights of suspects. What is detention?- Keeping someone in official custody, typically for questioning.
    - Suspect can only be held for 6 hours and then they must be charged or released.
    - Police must apply for a warrant for a further 6 hours.
  34. 34SP2f: detention and interrogation, rights of suspects. Why would the 6 hours be longer?- Waiting for legal personnel, family members and/or interpreters to arrive.
    - Toilet/eating breaks.
    - Medical treatment.
    - Recovering from alcohol or drugs.
  35. 35SP2f: detention and interrogation, rights of suspects. What is interrogation?- Questioning of a suspect.
    - Police must issue a caution to the suspects ASAP to inform them of their maximum period of detention and their right to silence.
    - Suspects can refuse to communicate.
    - They have to identify their name and address.
    - Interviews are recorded on video and audio.
  36. 36SP2f: detention and interrogation, rights of suspects. Explain these in relation to young offenders.- If under 18, a suspect has a right to have a reasonable adult present throughout interrogation.
    - Usually be a parent or guardian.
    - If they were to lie about their age and say they are over 18, the evidence they provide is still admissable.
  37. 37SP2f: detention and interrogation, rights of suspects. What are the main rights of suspects?- Right to remain silent (unless terrorism related offence).
    - Right to a caution.
    - Right to legal support, an interpreter, or if a minor, to have a responsible adult present.
    - Rights to refuse to sign a record of interview and a right to obtain a copy of any statement they sign or that is electronically recorded.
    - The right to receive medical treatment.
    - Right to be told why they are being detained/under arrest.

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Flashcards on Criminal Investigation Process, created by Sophie Barnes on 18/11/2017.
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Sophie Barnes
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