Analysis of Criminal Trial Process
Bail and Remand
Investigating Crime
Bail is the conditional release of a person until their case is going to be heard in court. Bail will always be granted if the offense commented is under the Summary Offenses Act 1988 (NSW). The accused must:
- Report to Police regularly
- Hand in their passport
- Restrictions on who to associate with and where they can go
- Supply the court with a bond (money), that will be kept by the court if they breach their conditions.
There is a presumption against bail,
For the prosecution to effectively charge the accused, they must have sufficient evidence that will prove, beyond a reasonable doubt, that the person is guilty.
Without this detailed collected evidence from police, the accused may not be charged, leading to injustice for the victim and society.
This is evident within the case (police case insert).
The rule of law has not been applied- Police have abused their power and used it to make sure this police-man's son, would not suffer the consequences of his actions.
Justice had not been achieved for the victims or the families of the victims.
There is a public outcry over abused policing powers, as crime rates are lower, however arrests are rising.
Police need more training to understand their role within society and make more ethical and moral decisions.
Investigating Crime: Wannan & Dalton-Brown
Police Powers - Roberto Curti
Police Powers
Roberto Curti was killed by police, on Pitt Street in Sydney's CBS on March 18, 2012. After he was influenced by LSD, Roberto stole a packet of biscuits from a convenience store. Police arrived and chased Roberto, until he was tasered shirtless in the back. He was handcuffed, but tried to roll over and was tasered a further 8 times and sprayed with capsicum spray.
- "The actions of police were reckless and excessive, and constituted an abuse of police power. He was "tasered 14 times- seven times within 51 seconds. "
Magistrate Clare Farnan only found one of the policeman guilty, Senior Constable Ralph- and his charge was related to capsicum spray, not tasering. As he suffered psychologically since Mr. Cutri died, the magistrate did not give him a criminal conviction.
- The other 3 police officers
- The use of force was "unlawful", yet none were convicted.
Investigating Crime
- For the prosecution to effectively charge the accused, they must have sufficient evidence that will prove, beyond a reasonable doubt, that the person is guilty.
- Without this detailed collected evidence from police, the accused may not be charged, leading to injustice for the victim and society.
- This is evident within the case (police case insert).
- The rule of law has not been applied- Police have abused their power and used it to make sure this police-man's son, would not suffer the consequences of his actions.
- Justice had not been achieved for the victims or the families of the victims.
- There is a public outcry over abused policing powers, as crime rates are lower, however arrests are rising.
- Police need more training to understand their role within society and make more ethical and moral decisions.
The police have an incredibly important part to play within crime investigations.
- Police must gather evidence that will be used in court. This is one of their main tasks that must be of high quality as a criminal charge has to be proven by the prosecution and proof is based on the evidence viewed in court. The better the evidence, the better the prosecutions case will be.
- Police have many resources and the power to search and seize, therefor they are extremely valuable when gathering evidence for a court case.
- The use of technology has greatly assisted with investigating crime, as surveillance camera's are able to tape the crime itself and identify criminals, and advances in DNA, left at the scene of the crime, can be traced to identify individuals.
- In the Wannan and Dalton-Brown case, police collected insufficient amounts of evidence that led to the prosecution not being able to charge the offender.
Police Powers
- LEPRA has recently introduced increased police powers such as public disorder, power to move groups of intoxicated people; these powers have thrown off the balance between the rights of individuals and police. 3
- They reinforce the law and aim to protect society so that the purpose of the law can be achieved, protect social order, and investigate and prosecute criminal breaches.1
- Greater police powers can also lead to the abuse of power. They need to be trained to effectively enforce the law in a just manner. 3
Criminal Investigation Process
Desiree Pierre
Overview Of Criminal Investigation Process
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Protection of the Environment Operations Act 1997 (NSW)
Motor Accidents Act 1988 (NSW)
Law Enforcement (Powers and Responsibilities)
Amendment (Search Powers) Act 2009
(NSW)
Police Powers (Drug Detection Dogs) Act 2001
(NSW)
Crimes (Forensic Procedures) Act 2000 (NSW) Crimes (Criminal Organisations Control) Act
2009 (NSW)
Bail Act 1978 (NSW)
Summary Offences Act 1988 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW) Customs Act 1901 (Cwlth)