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AT1 Legal Essay Summary
The Criminal Investigation Process
Syllabus Dot Point Pro’s Con’s Summary of Evidence
Police Powers Powers help police combat crime Violation of privacy (COPS, DNA/forensics, Mohamed Haneef (2007):
● Technology- response to search+seizure etc.)- lose presumption of ● Police powers of keeping him in
technologically adept innocence detention interfere with his
criminals Violation of rights: individual rights
● Wide powers of arrest (and ● Detention without charge, Conflict
firearms power) protect of powers with those of ordinary Terrorism Legislation Amendment
community from potential citizens (eg. public disorder powers, Warrants Act 2005: (allowed coverts for
threats move on intoxicated people) terrorism)
● Crime figures are ● Police don’t have to tell accused
increasing, implying they they have right to refuse a search Mammone V Chaplin (1991)
need the help Use of Discretion ● police have no power under
● Discretion allows for more ● Too much power in deciding common law to search and
just charges which reflect charges/investigation etc. could seizure prior to arrest.
offence, and are less easily be International Covenant on Civil and
focused on precedents biased/discriminatory/corrupt Political Rights (1966) [ICCPR]
● Checks on police integrity (institutional bias) and therefore ● Principle that people’s liberty
ensure it remains just. (the unjust should only be restricted if there is
Police Integrity ● Discretion in ‘reasonable force’ a charge against them
Commission and the NSW Police abuse of power Jill Meagher (2012)
Ombudsman deal with ● Consorting laws (limits on ● Use of technology lead to an
complaints in relation to communications with a criminal. arrest
procedures and practices Max jail term 3yrs.) Law Enforcement (Powers and
undertaken). Wider police powers doesn’t address Responsibilities) Act 2002
● Police need more power fundamental cause of crime. ● 2009: covert searches
than other citizens so they ● 2014: have to prove they’re police
don’t try to take the law into Needs more police, not police power. and give person name and place
their own hands of duty
● Police need extra powers DPP V Leonard (2001):
to prevent major threats ● Police failed to clarify defendant
like terrorism can refuse search, and it was on
unreasonable grounds.
Law Enforcement Legislation Amendment
, 2
(Public Safety) Act 2005
● Gives police public disorder
powers (after Cronulla Riots)
Crimes Amendment (Consorting and
Organised Crime) Act 2012 (NSW)
● Defines consorting laws
● SMH article “give anyone too
much power and they’re going to
abuse it” 2012.
Reporting Crime Society is involved in criminal Bias and injustice within society NSW BOCSAR (2006): 90% of sexual
justice process ● Sexism (especially in sexual assaults no conviction. However
● Allows society to personally assault cases), racism etc BOCSAR has found # of sexual assault
see benefits and operation ● Prejudice making people more cases reported to be rising.
of the law likely to report some people over
● Allows accessibility to law, others (eg. poor/ Aboriginal) Crime Stoppers: almost 25 000 charges
increases responsiveness, ● Literal visibility of crimes (due to in 2017
less police resources on appearance)
crime detection, meets Accuracy of Info 85% of sexual assault cases unreported
societies needs ● Reports may be false, have in Aus. and 80% of domestic violence
Benefits crime detection confusion over events incidents unreported.
● Increases chance of finding Low crime reporting rates
info during investigations ● Personal reasons not to report Eurydice Dixon (2018): Accusations of
(eg. anyone who knows sexism due to lack of response
details contact …)
● Highlights crimes police
wouldn’t otherwise know
about
Investigating ● Evidence must be obtained ● Injustice within society (bias/ Wood V R (2012) NSWCCA: Police
Crime in a lawful manner or it’s influence) failure in collecting evidence
inadmissible (to maintain ● Violation of privacy + rights
integrity). Balancing rights (especially with search and seizure) Jill Meagher 2012: technology as
● Technology can be ● Police discretion in pursuing an evidence (CCTV)
accurate and incredibly investigation or taking further action
helpful evidence. It’s (considering resources and Farah Jama : wrongful conviction based
typically dependable, but chances of success). on DNA evidence.
must be extremely reliable ● Illegally obtained evidence is
or it’s inadmissible (avoids admissible in court if judged to be in Evidence Act 1995 (Cth):
wrongful conviction). the public’s interest. May jeopardise All evidence must be collected in a proper
AT1 Legal Essay Summary
The Criminal Investigation Process
Syllabus Dot Point Pro’s Con’s Summary of Evidence
Police Powers Powers help police combat crime Violation of privacy (COPS, DNA/forensics, Mohamed Haneef (2007):
● Technology- response to search+seizure etc.)- lose presumption of ● Police powers of keeping him in
technologically adept innocence detention interfere with his
criminals Violation of rights: individual rights
● Wide powers of arrest (and ● Detention without charge, Conflict
firearms power) protect of powers with those of ordinary Terrorism Legislation Amendment
community from potential citizens (eg. public disorder powers, Warrants Act 2005: (allowed coverts for
threats move on intoxicated people) terrorism)
● Crime figures are ● Police don’t have to tell accused
increasing, implying they they have right to refuse a search Mammone V Chaplin (1991)
need the help Use of Discretion ● police have no power under
● Discretion allows for more ● Too much power in deciding common law to search and
just charges which reflect charges/investigation etc. could seizure prior to arrest.
offence, and are less easily be International Covenant on Civil and
focused on precedents biased/discriminatory/corrupt Political Rights (1966) [ICCPR]
● Checks on police integrity (institutional bias) and therefore ● Principle that people’s liberty
ensure it remains just. (the unjust should only be restricted if there is
Police Integrity ● Discretion in ‘reasonable force’ a charge against them
Commission and the NSW Police abuse of power Jill Meagher (2012)
Ombudsman deal with ● Consorting laws (limits on ● Use of technology lead to an
complaints in relation to communications with a criminal. arrest
procedures and practices Max jail term 3yrs.) Law Enforcement (Powers and
undertaken). Wider police powers doesn’t address Responsibilities) Act 2002
● Police need more power fundamental cause of crime. ● 2009: covert searches
than other citizens so they ● 2014: have to prove they’re police
don’t try to take the law into Needs more police, not police power. and give person name and place
their own hands of duty
● Police need extra powers DPP V Leonard (2001):
to prevent major threats ● Police failed to clarify defendant
like terrorism can refuse search, and it was on
unreasonable grounds.
Law Enforcement Legislation Amendment
, 2
(Public Safety) Act 2005
● Gives police public disorder
powers (after Cronulla Riots)
Crimes Amendment (Consorting and
Organised Crime) Act 2012 (NSW)
● Defines consorting laws
● SMH article “give anyone too
much power and they’re going to
abuse it” 2012.
Reporting Crime Society is involved in criminal Bias and injustice within society NSW BOCSAR (2006): 90% of sexual
justice process ● Sexism (especially in sexual assaults no conviction. However
● Allows society to personally assault cases), racism etc BOCSAR has found # of sexual assault
see benefits and operation ● Prejudice making people more cases reported to be rising.
of the law likely to report some people over
● Allows accessibility to law, others (eg. poor/ Aboriginal) Crime Stoppers: almost 25 000 charges
increases responsiveness, ● Literal visibility of crimes (due to in 2017
less police resources on appearance)
crime detection, meets Accuracy of Info 85% of sexual assault cases unreported
societies needs ● Reports may be false, have in Aus. and 80% of domestic violence
Benefits crime detection confusion over events incidents unreported.
● Increases chance of finding Low crime reporting rates
info during investigations ● Personal reasons not to report Eurydice Dixon (2018): Accusations of
(eg. anyone who knows sexism due to lack of response
details contact …)
● Highlights crimes police
wouldn’t otherwise know
about
Investigating ● Evidence must be obtained ● Injustice within society (bias/ Wood V R (2012) NSWCCA: Police
Crime in a lawful manner or it’s influence) failure in collecting evidence
inadmissible (to maintain ● Violation of privacy + rights
integrity). Balancing rights (especially with search and seizure) Jill Meagher 2012: technology as
● Technology can be ● Police discretion in pursuing an evidence (CCTV)
accurate and incredibly investigation or taking further action
helpful evidence. It’s (considering resources and Farah Jama : wrongful conviction based
typically dependable, but chances of success). on DNA evidence.
must be extremely reliable ● Illegally obtained evidence is
or it’s inadmissible (avoids admissible in court if judged to be in Evidence Act 1995 (Cth):
wrongful conviction). the public’s interest. May jeopardise All evidence must be collected in a proper
