Chapter Two Summary - The Criminal Investigation Process

Chapter Two Summary:
The Criminal
Investigation Process
Tahni Valentine
Police Powers:
• Responsible for making sure our laws are observed and therefore
preventing and detecting crime and maintaining public order
• What police do:
1. Investigate crimes
2. Make arrests where necessary
3. Interrogate suspects
4. Gather evidence
5. Present evidence in court themselves or with another
Prosecutor
6. Await the judge’s/juries verdict and sentence for the
offender
Police Powers
• What powers do police have? Police have the power to:
- Detain and question suspects
- Search property and seize evidence (search & seizure)
- Use reasonable force if necessary to carry out their duties
- Use particular technologies to assist an investigation, such as phone
taps, surveillance or DNA samples
- Arrest and interrogate suspects
- Recommend whether bail should be granted
• Where do police get their power?
- NSW police gain their powers under statute law, most commonly
through the Law Enforcement [Powers and Responsibilities] Act 2002
[NSW]
Reasonable Force
• Textbook definition: such force as is reasonably necessary for
the officer to perform the function; the officer must honestly
believe that it was justified and not excessive
Guidance for police behaviour
• Code of practice for CRIME (Custody, Rights, Investigation,
Management and Evidence)
• The NSW Ombudsman and the Police Integrity Commission
will hear complaints about the police
Reporting crime
• Not all crimes are reported, in fact surveys give a more
accurate picture of the amount of crimes, since the reported
crimes only reflect the tip of the iceberg
• Property offences such as completed break-ins and motor
vehicle theft are reported to police at a high rate
• Violent victimisations such as robbery, assault and sexual
assault are less likely to come to police notice
Incentives to report crime
• Compensation to victims of crime and insurance pay outs are
not possible unless the incident is reported to police
• Protection purposes – the victim may feel that the crime will
continue to be direct threat to their safety
• Revenge or acknowledgement
Reasons for not reporting crime
• The victim does not realise that a crime has been committed against them
• Victims may consider the incident to be too trivial or unimportant
• Victim may believe that the police cannot do anything about it anyway
• No faith or trust that the police will do anything about it
• The incident may be considered a private matter, and want to keep it that
way
• Victim is afraid of reprisal or revenge
• Victim may not think reporting is necessary, e.g. if nothing was stolen
• Reluctance to become involved or have to appear as a witness
• Unable to report the crime for language, cultural or knowledge reasons
• Dispute has already been settled with the offender
• Concern about the perceived time or administrative burden of reporting
the crime
• Reluctance to put themselves through a potentially traumatic court case
Types of Evidence:
• Oral testimony
• Objects or weapons
• Documents
• Fingerprints
• Hair samples
• Skin samples
• Semen
• Tape recordings
• Video surveillance
• Electronic information stored on hard drives
• Blood
• Internet activity
Technology
• Technology is used to help police gather evidence that will be
able to support a charge in court
• E.g:
- Fingerprinting
- DNA databases
- Surveillance technology
- State of the art computer hacking detection software
Search and seizure
• The power to search a person or their possessions and seize
and detain items that are discovered
• Part 4 of the Law Enforcement (Powers and Responsibilities)
Act 2002 (NSW) gives police the power to search people and
seize and detain things under certain circumstances
Use of Warrants
• Warrant:- a legal document issued by a magistrate or judge
which authorises a police officer to perform a particular act, for
example make an arrest, conduct a search, seize property or use
a phone tap
• Part 5 of the Law Enforcement (Powers and Responsibilities)
Act 2002 (NSW), sets out the circumstances in which a search
warrant can be used
Arrest
• To seize a person by legal authority and take them into custody
• In order for an arrest to be legal, the police must state the reason that
the person is under arrest, police may also use reasonable force if
necessary to carry out the arrest
• Police may lawfully arrest a person under these conditions contained in
the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW):
- Catching a suspect committing an offence
- Believing on reasonable grounds that a suspect has committed or is
about to commit an offence
- Where that person has committed a serious indictable offence for which
they have not been tried
- Possessing a warrant for that person’s arrest
Detention & Interrogation
• Suspects must be cautioned or advised of their rights to not
self-incriminate through answering questions with or without
legal representation
• Suspects known to be under 18 years of age have the right to
have a responsible adult with them during questioning
• Interrogation:- the act or process of questioning a suspect by
the investigating officers
Release or Charge
• At the end of the maximum detention period, the police must
either charge the suspect with a specific offence or release
them unconditionally
Summons, Bail or Remand?
• Summons: a legal document that states when and where a
person must appear in court and if they are an accused person,
the charge to which they must answer
• Bail: the temporary release of an accused person awaiting trial,
sometimes particular conditions such as lodgement of a sum of
money as a guarantee
• Remand: a period spent in custody awaiting trial at a later date
• Remand is different to imprisonment because the time the
offender had spent in remand is usually taken off the total time
of their sentence and is referred to as time already served

Chapter Two Summary - The Criminal Investigation Process

Uploaded by

Copyright:

Available Formats

Chapter Two Summary - The Criminal Investigation Process

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Chapter Two Summary - The Criminal Investigation Process

Uploaded by

Copyright:

Available Formats

Chapter Two Summary:

You might also like