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Police, detectives -> collect and gather information about the case under Law Enforcement Powers and Responsibilities Act (2002) (LEPRA) to Arrest, carry out searches, interrogate
Key powers of police
Arrest (s. 21) and interrogate
- Search property and seize evidence (commonly known as search and seizure)
- 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
- Recommend whether or not bail should be granted
Bail or remand chosen for the offender (Bail Amendment act 2014)
Decision based on balancing the rights and safety of victims, offenders and society -> as well as aggravating and mitigating factors (age, criminal history, etc)
Evidence is collected under the Evidence Act (1995)
Appropriate evidence inclues CCTV, witness statements, forensics, etc
An appropriate court is chosen on a basis of crime severity, aggravating and mitigating factors of the offender.
Key players (depending on court) ->
-> magistrate (lower courts),
-> judge (higher courts -> district court and above),
Role is to impartially watch and make a judgment on a case and hear witnesses
Police, prosecutors, DPP, public defenders, defense lawyers
-> Present their cases for defendant/victim
Juries
-> Make a verdict on the case after hearing evidence
Witnesses
-> provide statements under oath on recollection of events/any relevant evidence
Hearings for crimes often start at the Local court then move up accordingly if necessary -> depending on crime severity
Local -> district -> supreme -> high court
Aggravating and mittigating factors, post sentencing considerations
-> Security classificaition (min, med, max)
-> Protective custody (for high profile offenders, former police officers, etc)
-> Parole
-> Preventative detention
-> Sex offender registration
-> Deportation
Judges -> make an sentence while accounting for aggravating/mitigating factors and minimum/maximum sentencing
Victims -> provide victim impact statements (AFTER verdict) to assist the judge in understanding the severity