Legal studies crime essay - Criminal Investigation Process

Strip searches - legislation

Law Enforcement (Police and Responsibilities) Act 2002 (LEPRA) - governs exercise of specific police powers. S31 - gives police the ability to carry out a strip search if they suspect on reasonable grounds that it is necessary during a stop and search (outlined by S21.)

Strip searches - evidence (discretion + effectiveness)

“If you don’t tell me where the drugs are, I’m going to make this nice and slow.” (A young woman’s account of a strip search given to the NSW Deputy Coroner)
2019 UNSW Law Report ‘Rethinking Strip Searches by NSW Police - found that 10% of all recorded strip searches from 2016-2018 were done on ATSI peoples.

Bail - legislation (discretion)

2014 changes to the Bail Act 2013 (NSW) - added show cause requirements
Bail Amendment Act 2022 No 27 (NSW) - creates presumption of denying bail if a guilty plea is entered in court,

Bail - evidence (discretion)

NSW Law Society President Ros Everett - criticises 2014 reforms for ‘go[ing] too far in undermining the presumption of innocence’
The Guardian 2022: ‘NSW judge criticises new bail laws passed after Daily Telegraph campaign’ - “discourages early and appropriate guilty pleas” (Barrister Stephen Lawrence)

Arrest - legislation (discretion)

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) - Outlines the conditions under which police may lawfully arrest a person.

Arrest - evidence (discretion)

Austlii article ‘Arrest as a method of oppression’ - “full enforcement of the law is an impossible task and would be unduly inflexible'“
DPP v Carr (2002) - Indigenous man placed under arrest for offensive language, National Police Custody Survey strongly suggest arrest is not a last resort option for ATSI people

Bail - legislation (moral and ethical + effectiveness)

2014 changes to the Bail Act 2013 (NSW) - added show cause requirements.

Bail and Other Legislation Amendment (Domestic Violence) Act 2024 (NSW) - adds serious DV offences + coercive control offences to show cause requirements.

Bail - evidence (moral and ethical + effectiveness)

‘Minns to announce tough new bail laws after Molly Ticehurst death’ (SMH 2024)

NSW Law Society President Ros Everett - reforms to Bail Act 2013 ‘go[ing] too far in undermining the presumption of innocence’

Detention - legislation

The Law Enforcement (Powers and Responsibilities) Act 2002 NSW - Sets guidelines for detainment. Police can only detain someone for only eight hours unless the person is charged with a crime, or suspected of terrorism, in which the suspect can be detained for 48 hours.

Detention - evidence

Criticised for violating International Covenant on Civil and Political Rights (ICCPR)
Mohammed Haneef case (2007) - Haneef wrongly suspected for 12 days without charges