Legal 1.2 The Criminal Investigation Process

investigate

for the police, carrying out research to discover evidence and examine the facts surrounding an alleged criminal incident

arrest

to seize a person by legal authority and take them into custody

interrogate

to formally question a suspect in relation to an alleged crime

evidence

information used to support facts in a legal investigation or admissible as testimony in court

search and seizure

the power to search a person and/or their possessions and to seize and detain items that are discovered

reasonable force

force that is reasonably necessary for the officer to perform the function; the officer must honestly believe that it was justified and not excessive

warrant

a legal document issued by a magistrate or judge authorising an officer to perform a particular act, such as make an arrest, conduct a search, seize property or use a phone tap

charge

formal accusation of a person of committing a criminal offence

forensic

related to scientific methods of solving crimes, involving examining the objects or substances that are involved in the crime

in situ

a Latin term meaning ‘in the place’; used to describe the place in which a piece of evidence is found or situated

inadmissible evidence

evidence that cannot be considered by a judge or jury in court (for example, confessions that were obtained by force)

DNA evidence

genetic material (such as hair, blood and saliva) that can be used to link a suspect with a crime scene or criminal offence, or to clear a suspect

interrogation

the act or process of questioning a suspect, carried out by the investigating officers

caution

a statement issued by police to a suspect when they are detained to inform the suspect of their rights

bail

the temporary release of an accused person awaiting trial, sometimes on particular conditions such as lodgement of a sum of money as a guarantee

court attendance notice

a legal document that states when and where a person must appear in court and the charge to which they must answer

subpoena

a legal document issued by a court, requiring a person to attend and give evidence and/or to produce specified documents to the court

surety

in bail, where another person agrees to provide a financial guarantee that the accused will return to the court for trial in exchange for the accused’s release until that date

remand

a period spent in custody awaiting trial