The Criminal Investigation Process

The Criminal Investigation Process

1. Police Powers

   • Arrest under LEPRA (2002). Police must have reasonable suspicion, have witnessed the crime or have an arrest warrant.
   • Stop, search and seize person 18+ with reasonable suspicion
   • Emergency powers to control a situation e.g. 2014 Lindt Cafe Siege
   • Warnings, cautions, fines

2. Reporting crime - must be found/reported before they can be investiigated.

   • Reasons for not reporting crime include a poor history with the police, minor crimes, fear, a relationship with the offender, shame
   • Only 65-80% of break-ins across Aust. are reported. Only 25-40% of assaults are reported

3. Investigating crime

   • Technological evidence e.g. DNA, CCTV
   • Oral evidence e.g. witness testimony
   • Physical evidence e.g. weapon

4. Arrest and charge, summons, warrants

   • Arrest -in order to detain a suspect, police must first arrest them
   • Summons - court attendance notice to tell someone when to appear in court
   • A court can issue a warrant for the police toa rrest a person

5. Bail or remand

   • Bail Act 2013 - reform
   • 1/3 of people are in jail or remand
   • R v Young (2006)

6. Interrogation, Detention, Rights of Suspect

   • Right to silence, Max Detention of 4 hrs, Right to call a lawyer, right to know reason for arrest
     • Evidence Amendment (Evidence of Silence) Act 2013