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Criminal Justice System

Emma Newman

Criminal Investigation Process (CIP)

Criminal Investigation process

Police, detectives -> collect and gather information about the case under Law Enforcement Powers and Responsibilities Act (2002) (LEPRA) to Arrest, carry out searches, interrogate

Criminal Investigation Process (CIP)

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

Powers of Police

Criminal Investigation Process (CIP)

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)

Bail or remand

Criminal investigation process

Evidence is collected under the Evidence Act (1995)

Appropriate evidence inclues CCTV, witness statements, forensics, etc

Evidence

Criminal Trial Process (CTP)

Criminal Trial process

An appropriate court is chosen on a basis of crime severity, aggravating and mitigating factors of the offender.

Criminal Trial Process (CTP)

Key players

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

Criminal Investigation Process (CIP)

Key Players

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

Criminal investigation process

Courts

Hearings for crimes often start at the Local court then move up accordingly if necessary -> depending on crime severity

Local -> district -> supreme -> high court

Criminal Sentencing Process (CSP)

Aggravating and mittigating factors, post sentencing considerations

Criminal Sentencing process

Criminal Sentencing Process (CSP)

-> Security classificaition (min, med, max)

-> Protective custody (for high profile offenders, former police officers, etc)

-> Parole

-> Preventative detention

-> Sex offender registration

-> Deportation

Post sentencing

Criminal Sentencing process

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

Key players

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