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| Pregunta | Respuesta |
| What is the role of the police in regards to crime investigation? | To enforce the law, arrest, interrogate, give fines, warnings, control traffic, help in emergency, charge, gather information to solve crimes. |
| What do the police have to use when investigating crime? | Discretion and professional judgement |
| Police can use their discretion and professional judgement to choose to: | - arrest - enforce particular laws - reduce charges - To warn rather than charge |
| When do citizens use discretion? | Citizens use discretion regarding whether or not to report a crime. |
| Why do citizens choose not to report crimes? | - May feel shameful - May have a language barrier or a disability - Think that the crime is minor - A child may not know how to report - Feel threatened - May not want to get involved - Hassle - Victims do not want to relive the crime - Loyalty to offender (relationships) |
| What are examples of under reported crime? | - Sexual assault - Domestic violence |
| What are the emergency numbers? | Emergency call: 000 Non-urgent crime: 131 444 Crime stoppers: 1800 333 000 |
| What are the four parts of investigating crime? | 1) Gathering Evidence 2) Use of technology 3) Search and Seizure 4) Use of warrants |
| Explaining how gathering evidence works in terms of investigating crime. | Gathering evidence supports the prosecution's case and can include physical objects, forensic evidence (DNA + fingerprints), business records, witness statements. |
| Explain how technology is used in investigating crime and what concerns are there in terms of this. | Technology = surveillance, cameras etc, however since it has become a major part of crime investigation, it raises questions about privacy. |
| Explain how search and seizure works when investigating crime. | Search and seizure of evidence, relating to a person's body, clothes, possessions, premises etc. This is according to the Law Enforcement (Powers and Responsibility) Act 2002. |
| How does the use of warrants work in investigating crime? | Warrants: legal documents issued by judges, magistrates or court officials which allow a police to enter and search a person's premises and seize anything which may be considered as evidence. |
| What is the only lawful way for a police officer to compel a suspect to attend the police station? | Arrest |
| What are the conditions for a lawful arrest? | - The suspect must be informed that they are under arrest and why. - The suspect is cautioned - The police have a warrant or - The police believe that the person is about to or has just committed a crime. - The police see the crime happen. |
| What is 'charging' an offender? | Charging the offender is a formal process whereby the suspect is charged with the particular offence(s) and receives notification of their first Court date. (They are fingerprinted at this time) |
| What do police use to determine which specific offence(s) that they will charge the suspect with? | Discretion (within guidelines) and professional judgement. |
| What is a summons and can the police issue a summons? Summons = court attendance notice. | A legal document which states the offence and requires the person to attend the Court date at a certain time, also including the consequences of not attending. (Mostly used with children and minor offences) -Yes, the police can issue a summons. |
| What are the six types of warrants? | 1) Arrest warrant: allows police to arrest. 2) Detention warrant: Allows police to detain for up to 8hrs. 3) Search warrant: allows police to search premises. 4) Covert warrant: allows police to search premises for up to 3years after being granted. 5) Crime scene warrant: investigate crime scene for longer than 3 hrs 6) Criminal Organisation search warrant: used to investigate organised crime to allow police to conduct things like covert surveillance (e.g. bikie gangs) |
| Define bail. | Bail is a conditional freedom prior to verdict, although bail can be granted in between the conviction and sentencing. |
| What does bail require a person to do? | Bail requires that the person charged appear at the court at a later date. |
| What are the two types of bail? | Conditional and unconditional bail. |
| What does conditional bail entail? | Conditional bail means that there will be specific conditions for the bail to be granted, and this can include, for e.g. that the accused must see an officer regularly, or provision of money, may be detained by a third party to ensure the person's attendance in court. |
| Is it always necessary to grant bail? | No, bail can be refused. |
| Can the police grant or refuse bail? | The police has the discretion to grant or refuse bail. If the bail is refused, it is the obligation of the police to bring the accused before a court as soon as it is reasonably practicable. |
| Who else can grant or refuse bail and which Act do are all these people guided by, in terms of bail? | Magistrates and judges can grant or refuse bail (and police) according to the Bail Act 2013 (NSW). |
| What is remand? | Remand is when an accused person is refused bail and is held in custody for the waiting period before the trial. |
| What is the controversial issue with remand? | If a person is found guilty, the time spent in remand is taken off their sentence, however if they are found not guilty, they are not compensated for their loss, therefore, it is unfair and controversial. |
| What is detention? | Detention: being put in jail after being arrested and then charged. |
| What is interrogation and what are the conditions for it? | Interrogation is the process whereby the police questions someone for a crime. They must issue a caution before questioning. Adults, when questioned do not have the right to a solicitor, however, the police in Australia, do allow this at times. |
| What can a suspect expect to experience when arrested? | They can expect to be photographed, fingerprinted, searched and questioned. |
| When under arrest, what are the rights of a suspect? | -Silence: except in the case of terrorism - Legal representation - Medical attention - Translator/Interpretor (if they cannot speak English) - Privacy (they can ask for a search warrant before being searched) - Freedom (unless held in detention) Bail (unless determined otherwise) |
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