The Criminal Investigation Process      Section 2 - CrimeMonday, 18 June 2012                     1
Main Syllabus Points          Hint: A small section of the syllabus but still important as multiple                choice ...
Police Powers         Police form part of the         executive arm of         government         Investigate crimes, make...
Main police powers:              detain and question suspects              search property and seize evidence             ...
NSW POLICE FORCE 150 YEARSMonday, 18 June 2012             5
Monday, 18 June 2012   6
WARRANT                  Legal document issued by magistrate authorising                  an officer to perform a particula...
SEARCH WARRANT - ARRESTMonday, 18 June 2012          8
Reporting Crime           Citizens play an important role in reporting crime. e.g           Crime Stoppers           Peopl...
Hint: When balancing the rights of society, programs such as                             crime stoppers is very effectiveM...
Investigating Crime             Not all reported crimes             are fully investigated and             prosecuted beca...
GATHERING EVIDENCE                  Enough evidence has to be gathered to support a                  charge               ...
DNA REGISTRATIONMonday, 18 June 2012   13
USE OF TECHNOLOGY                  DNA evidence is an important advance in                  technology helping some difficu...
DNA IN CRIME INVESTIGATIONMonday, 18 June 2012             15
SEARCH AND SEIZURE                  Police have the power to search and detain things                  in certain circumst...
USE OF WARRANTS                  This Judicial oversight helps contain police                  powers (separation of power...
Arrest and Charge                   Police cannot detain a person unless they have a                   good reason        ...
Hint: Sniffer Dogs are a good example for balancing the rights of                                the accused and societyMo...
KIESHA MOTHER AND STEP DAD CHARGED    TEN NEWS 2011Monday, 18 June 2012                     20
DETENTION AND INTERROGATION                  Lawfully police can only detain a suspect for a                  period of fo...
Suspect has the right to silence         Any suspect under the age of 18 has the right to a         responsible adult bein...
KELLI LANE CASE    ABC NEWS 2011Monday, 18 June 2012   23
Summons           Legal document that states when           and where a person must appear           in court and, if they...
Bail                  The temporary release of an accused person                  awaiting trial, sometimes on particular ...
This case shows the discretion used by the Judge in a bail hearingMonday, 18 June 2012                                    ...
BAIL AMENDMENT ACT 2007                  Amended s.22A that prevents a defendant from                  making an additiona...
Hint: Bail is a great topic when considering the balance of rights in                                the criminal justice ...
Remand                 a period spent in custody                 awaiting trial at a later                 date           ...
Multiple Choice: Crime                        1. A summons is best described as:            a)	 a legal document which com...
ANSWER:                       a) a legal document                       which compels you                        to attend...
2.	 Which of the following is not likely to                       be considered evidence?                       a) drugs  ...
ANSWER:                       d) none of the aboveMonday, 18 June 2012                          33
3	 Which of the following must police                       usually have a search warrant for?                       a) yo...
ANSWER:                       b) Your HomeMonday, 18 June 2012                  35
4.	 Which of the following is a factor why                       someone might not be held on remand?                     ...
ANSWER:                           c) they                        committed a                         non-violent          ...
5	 How long may police hold a suspect                       without charge for if they do not have an                     ...
ANSWER:                       a) Four HoursMonday, 18 June 2012                   39
6. The majority of police powers in NSW are contained                                   under which statute?              ...
ANSWER:                       d) Law Enforcement (Powers and                        Responsibilities) Act 2002 NSWMonday, ...
7. Police in NSW have broad powers to stop and search people     and seize items they are carrying. Which statement best  ...
ANSWER:                       b) They believe on reasonable grounds                        that the person is carrying som...
8) A police officer issues a caution instead of an on-                          the-spot fine to a person whose car is illeg...
ANSWER:                       A) DiscretionMonday, 18 June 2012                   45
9) Lou is suspected by the police of having stolen a                                                 car.                 ...
ANSWER:                       A) To arrest LouMonday, 18 June 2012                      47
Crime Question 15mks                       assess the effectiveness of the criminal                       investigation pr...
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Criminal Investigation Process

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Criminal Investigation Process

  1. 1. The Criminal Investigation Process Section 2 - CrimeMonday, 18 June 2012 1
  2. 2. Main Syllabus Points Hint: A small section of the syllabus but still important as multiple choice and 15 mark questions can be taken from hereMonday, 18 June 2012 2
  3. 3. Police Powers Police form part of the executive arm of government Investigate crimes, make arrests, interrogate suspects and gather evidence against the accused Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)Monday, 18 June 2012 3
  4. 4. Main police powers: detain and question suspects search property and seize evidence 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.Monday, 18 June 2012 4
  5. 5. NSW POLICE FORCE 150 YEARSMonday, 18 June 2012 5
  6. 6. Monday, 18 June 2012 6
  7. 7. WARRANT Legal document issued by magistrate authorising an officer to perform a particular act, for example make an arrest, conduct a search, seize property or use a phone tapMonday, 18 June 2012 7
  8. 8. SEARCH WARRANT - ARRESTMonday, 18 June 2012 8
  9. 9. Reporting Crime Citizens play an important role in reporting crime. e.g Crime Stoppers People may not report crime because: reluctant to appear as a witness fear of the consequences after reporting a crime the dispute may have been resolved with the offender and victim burden of time through the reporting processMonday, 18 June 2012 9
  10. 10. Hint: When balancing the rights of society, programs such as crime stoppers is very effectiveMonday, 18 June 2012 10
  11. 11. Investigating Crime Not all reported crimes are fully investigated and prosecuted because: resources are given to higher cases the time it takes to investigateMonday, 18 June 2012 11
  12. 12. GATHERING EVIDENCE Enough evidence has to be gathered to support a charge Evidence is documented in situ (in the place) and must be done correctly otherwise it may be inadmissible evidence All evidence must be contained in a lawful mannerMonday, 18 June 2012 12
  13. 13. DNA REGISTRATIONMonday, 18 June 2012 13
  14. 14. USE OF TECHNOLOGY DNA evidence is an important advance in technology helping some difficult convictions in both current and cold cases. There have been concerns about relying only on DNA testing to prove a convictionMonday, 18 June 2012 14
  15. 15. DNA IN CRIME INVESTIGATIONMonday, 18 June 2012 15
  16. 16. SEARCH AND SEIZURE Police have the power to search and detain things in certain circumstances, even without the use of a warrant Police can stop a person on reasonable grounds or suspicion of criminal behaviourMonday, 18 June 2012 16
  17. 17. USE OF WARRANTS This Judicial oversight helps contain police powers (separation of powers) and maintains the rule of lawMonday, 18 June 2012 17
  18. 18. Arrest and Charge Police cannot detain a person unless they have a good reason Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) gives police powers to arrest Arrest warrants require police to justify their suspicions based on reasonable evidence If police officers use unreasonable force, they may also be chargedMonday, 18 June 2012 18
  19. 19. Hint: Sniffer Dogs are a good example for balancing the rights of the accused and societyMonday, 18 June 2012 19
  20. 20. KIESHA MOTHER AND STEP DAD CHARGED TEN NEWS 2011Monday, 18 June 2012 20
  21. 21. DETENTION AND INTERROGATION Lawfully police can only detain a suspect for a period of four hours, this can be extended to 8 hours under Magistrate approval Interrogation begins with questioning and interviews, suspect will be given a caution before the interrogation beginsMonday, 18 June 2012 21
  22. 22. Suspect has the right to silence Any suspect under the age of 18 has the right to a responsible adult being present The interview is recorded on one videotape and two audio recordings If charged the accused will be brought in front of a Magistrate for a bail hearingMonday, 18 June 2012 22
  23. 23. KELLI LANE CASE ABC NEWS 2011Monday, 18 June 2012 23
  24. 24. Summons Legal document that states when and where a person must appear in court and, if they are the accused, the charge to which they must answer Witnesses will also receive a summons to appear in courtMonday, 18 June 2012 24
  25. 25. Bail The temporary release of an accused person awaiting trial, sometimes on particular conditions such as surety of a sum of money as a guarantee Bail may not be given to the accused if: the victim is in fear of reprisals the accused is a danger to society the accused may commit another crime the accused may flee the countryMonday, 18 June 2012 25
  26. 26. This case shows the discretion used by the Judge in a bail hearingMonday, 18 June 2012 26
  27. 27. BAIL AMENDMENT ACT 2007 Amended s.22A that prevents a defendant from making an additional application for bail unless there are unique circumstances Increase number of people on remand,harsh effect on juvenile offenders and Indigenous AustraliansMonday, 18 June 2012 27
  28. 28. Hint: Bail is a great topic when considering the balance of rights in the criminal justice systemMonday, 18 June 2012 28
  29. 29. Remand a period spent in custody awaiting trial at a later date If the accused is found guilty, the time the offender had spent in remand is usually taken off the total time of their sentenceMonday, 18 June 2012 29
  30. 30. Multiple Choice: Crime 1. A summons is best described as: a) a legal document which compels you to attend court to give evidence or answer charges b) a legal document permitting the search of your business c) a legal document between two parties issued after a divorce is finalised d) a legal document signed by you agreeing to adhere to bail conditionsMonday, 18 June 2012 30
  31. 31. ANSWER: a) a legal document which compels you to attend court to give evidence or answer chargesMonday, 18 June 2012 31
  32. 32. 2. Which of the following is not likely to be considered evidence? a) drugs b) a gun c) witness testimony d) none of the aboveMonday, 18 June 2012 32
  33. 33. ANSWER: d) none of the aboveMonday, 18 June 2012 33
  34. 34. 3 Which of the following must police usually have a search warrant for? a) you b) your home c) your car d) your bagMonday, 18 June 2012 34
  35. 35. ANSWER: b) Your HomeMonday, 18 June 2012 35
  36. 36. 4. Which of the following is a factor why someone might not be held on remand? a) they are a flight risk b) they committed a violent crime such as murder c) they committed a non-violent crime such as larceny d) they are a repeat offender who may go and commit another offence straight awayMonday, 18 June 2012 36
  37. 37. ANSWER: c) they committed a non-violent crime such as larcenyMonday, 18 June 2012 37
  38. 38. 5 How long may police hold a suspect without charge for if they do not have an extension from a judge/magistrate? a) four hours b) eight hours c) 12 hours d) indefinitelyMonday, 18 June 2012 38
  39. 39. ANSWER: a) Four HoursMonday, 18 June 2012 39
  40. 40. 6. The majority of police powers in NSW are contained under which statute? a) Police Powers Act (Amended) 1900 NSW b) Law Enforcement Act 2006 NSW c) Police Powers and Responsibilities Act 1985 NSW d) Law Enforcement (Powers and Responsibilities) Act 2002 NSWMonday, 18 June 2012 40
  41. 41. ANSWER: d) Law Enforcement (Powers and Responsibilities) Act 2002 NSWMonday, 18 June 2012 41
  42. 42. 7. Police in NSW have broad powers to stop and search people and seize items they are carrying. Which statement best describes the minimum requirement for a police member to use this power? a) They believe beyond a reasonable doubt that the person is carrying something stolen or used to commit an indictable offence b) They believe on reasonable grounds that the person is carrying something stolen or used to commit an indictable offence c) They believe on a balance of probabilities that the person is carrying something stolen or used to commit an indictable offence d) they have proved to a judge that the person is carrying something stolen or used to commit an indictable offenceMonday, 18 June 2012 42
  43. 43. ANSWER: b) They believe on reasonable grounds that the person is carrying something stolen or used to commit an indictable offenceMonday, 18 June 2012 43
  44. 44. 8) A police officer issues a caution instead of an on- the-spot fine to a person whose car is illegally parked. What is the police officer’s action an example of? (A) Discretion (B) Corruption (C) A breach of criminal law (D) A breach of the rule of lawMonday, 18 June 2012 44
  45. 45. ANSWER: A) DiscretionMonday, 18 June 2012 45
  46. 46. 9) Lou is suspected by the police of having stolen a car. Which of the following is a legal power that the police have when they approach Lou? (A) To arrest Lou (B) To fingerprint Lou (C) To require Lou to answer questions (D) To require Lou to go to the police stationMonday, 18 June 2012 46
  47. 47. ANSWER: A) To arrest LouMonday, 18 June 2012 47
  48. 48. Crime Question 15mks assess the effectiveness of the criminal investigation process as a means of achieving justice for the accused, victim and societyMonday, 18 June 2012 48
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