1. CRIME - HSC CORE
SECTION 2 - CRIMINAL
INVESTIGATION PROCESS
Mr Shipp, Term 2,
2014

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 here

3. WHAT IS THE CRIMINAL JUSTICE
SYSTEM?
Criminal
Investigation
Process
Criminal Trial Process
(Adjudication)
Sentencing and
Punishment
Balance of
Rights (Tension)
Discretion
Law Reform
Moral and
Ethical
Standards

4. 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) LEPAR

5. 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(warrant),
surveillance or DNA samples
• arrest and interrogate suspects
• recommend whether bail should be
granted.
Hint: Police Powers are linked to all themes and challenges

6. NSW POLICE FORCE 150 YEARS

8. • 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 tap
Warrant

9. SEARCH WARRANT - ARREST

10. • Crimes Amendment (Murder
of Police Officers) Act 2011
• Mandatory Life Sentence
when found guilty of
killing a police officer
• R v Jacobs
CASE SPACE
Murdering Police Officer
Click me for more information
Hint: Mandatory Sentencing takes away discretion in sentencing
decision but this reform is seen to give greater protection for police

11. R V JACOBS CASE

12. REPORTING CRIME
• Citizens play an important role in reporting crime. e.g
Crime Stoppers, they assist the police
• 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 process

13. Hint: When balancing the rights of society, programs such as
crime stoppers is very effective

14. INVESTIGATING CRIME
• Not all reported crimes are
fully investigated and
prosecuted because:
• resources are given to
higher cases
• the time it takes to
investigate
Hint: Discretion is used by the community when reporting
crime

17. • 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 obtained in a lawful manner. Illegal
confessions (verbals) are not allowed
Gathering Evidence

18. • DNA evidence is an important advance in technology helping some
difficult convictions in both current and cold cases. For serious crimes
only
• There have been concerns about relying only on DNA testing to prove
a conviction
• The Crimes ( Forensic Procedures ) Act 2000 DNA evidence can be
gathered sometimes with force.
Use of Technology

19. DNA IN CRIME INVESTIGATION

20. • 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 behaviour
Search and Seizure

21. • This Judicial oversight helps contain police powers
(separation of powers) and maintains the rule of
law
Use of Warrants

22. 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 charged
• Police are supposed to allow the accused to contact someone of
their arrest. This is not a right but stipulated in the police code of
conduct
Hint: Arrest is perfect for a balance of rights theme

23. Hint: Sniffer Dogs are a good example for balancing the rights of
the accused and society

24. • 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 begins
Detention and Interrogation

25. • Suspect has the right to silence (changes in 2013)
• Any suspect under the age of 18 has the right to a responsible adult being
present.
• An adult has no absolute right to have a lawyer but there should be some
attempt to have legal representation present on request
• 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
hearing

26. • ANTI TERRORISM ACT
2005
• Detained in prison for
48hrs without charge
• Mohamed Haneef Case
2007
CASE SPACE
PREVENTATIVE DETENTION
Hint: This legislation has been criticised for violating ICCPR

27. 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 court
Hint: Don’t forget that indictable offences require an indictment

28. 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
Under the Bail Act 1978 NSW, Bail may not
be given to the accused if:
1. the victim is in fear of reprisals
2. the accused is a danger to society
3. the accused may commit another crime
4. the accused may flee the country

29. This case shows the discretion used by the Judge in a bail hearing

30. • 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 Australians
Bail Amendment Act 2007
Hint: This reform was introduced to prevent ‘magistrate shopping’
which inflicted further anguish on victims

31. Hint: Bail is a great topic when considering the balance of rights
and reform in the criminal justice system

32. • removal of offence-based presumptions
• release for fine only offences and most offences
under Summary Offences Act 1986 (NSW)
• Increase in number of times juveniles can make
bail applications
Bail Amendment Act 2013
Click me for more information
Hint: This recent reform is seen as a fairer and just usage of bail
for the accused

33. 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 sentence

34. 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 conditions

35. answer:
a) a legal document
which compels you
to attend court to
give evidence or
answer charges

36. 2. Which of the following is not likely to
be considered evidence?
a) drugs
b) a gun
c) witness testimony
d) none of the above

37. answer:
d) none of the above

38. 3 Which of the following must police
usually have a search warrant for?
a) you
b) your home
c) your car
d) your bag

39. answer:
b) Your Home

40. 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 away

41. answer:
c) they
committed a
non-violent
crime such as
larceny

42. 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) indefinitely

43. answer:
a) Four Hours

44. 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 NSW

45. d) Law Enforcement (Powers and
Responsibilities) Act 2002 NSW
answer:

46. 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 offence

47. b) They believe on reasonable
grounds that the person is carrying
something stolen or used to commit
an indictable offence
answer:

48. 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 law

49. A) Discretion
answer:

50. 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 station

51. A) To arrest Lou
answer:

52. 10. 25-year-old Jordan and 23-year-old Darcy stole cigarettes
from a shop. As
they were leaving the shop, Jordan and Darcy forced 18-year-
old Ariel to hide
the cigarettes under her shirt. They were then apprehended by
police, taken to
the local police station and charged.
To what legal right are Jordan, Darcy and Ariel entitled while
being questioned at the
police station?
(A) The right to remain silent
(B) The right to apply for bail
(C) The right to make a phone call
(D) The right to be questioned together

53. A) The right to remain silent
answer:

54. 11.An accused is considered innocent until proven guilty.
Which of the following best reflects this principle?
(A) Bail
(B) Remand
(C) Suspended sentence
(D) No conviction recorded

55. A) Bail
answer:

56. CRIME QUESTION 15MKS
assess the effectiveness of the criminal
investigation process as a means of achieving
justice for the accused, victim and society
Hint: Remember the important syllabus sections of Police Powers,
Accused Rights and Bail in this section

57. EFFECTIVENESS OF THE CRIMINAL
INVESTIGATION PROCESS
Effective Inneffective
Police need to use technology to
combat rising areas of crime e.g.
CCTV
The use of technology may be an
unnecessary violation of privacy
Increase powers to police allows
further protection for the community
Discretion from the police could be
used in a discriminatory manner
Presumption of innocence is
protected through this process as well
as bail
Suspects held in remand may be
found innocent . Serious delays may
be lengthy in the justice system
Evidence obtained illegally may not
be admissible in court (separation of
powers)
Changes to the right of silence may
limit the presumption of innocence