The Criminal investigation process

intro

The criminal investigation process in NSW involves the stages from the initial report of a crime to the laying of charges, aiming to uphold justice by balancing effective law enforcement with the protection of individual rights and freedoms.

Police Powers and investigation evidence

LEPRA 2002

R v Rondo (2001)

“Nowhere to Hide” (Sydney Morning Herald, 2017)

NSW Police Body-Worn Camera Program (2020–present

Police Powers and investigation intro

Police powers under LEPRA 2002 (NSW) demonstrate the justice system’s aim to balance effective law enforcement with individual rights through limits such as reasonable suspicion and accountability.

Police Powers and investigatio judgement

Police powers are effective but tightly controlled — Rondo ensures legality, body-cams improve accountability, yet media criticism of expanded search powers reflects ongoing tension between civil liberties and public safety.

 Detention, Interrogation & Evidence Gathering intro

 Once a suspect is detained, evidence must be collected lawfully and voluntarily; this stage reflects the justice system’s aim to uphold fairness while allowing police to secure reliable proof through legislation like LEPRA s115 and the Evidence Act 1995 (NSW).

 Detention, Interrogation & Evidence Gathering (EVIDENCE)

LEPRA s115

Evidence Act 1995 (NSW)

R v Foster (1993)

 Detention, Interrogation & Evidence Gathering JUDGEMENT

 This framework is largely effective — it maintains fairness and reliability, though growing use of surveillance and forensic technology continues to raise privacy concerns.

Bail & Remand intro

 The court’s decision to grant bail or order remand epitomises the tension between community safety and individual liberty, with the Bail Act 2013 (NSW) and recent cases showing how the law adjusts to balance risk with presumption of innocence.

Bail and remand evidence

Bail Act 2013 (NSW)

R v Hawi (2014)

Molly Ticehurst Case (2024)

BOCSAR Crime Report (2023)

Bail and Remand conclusin

 Bail law is highly reactive — it strives to balance safety and rights, but recent tragedies and rising remand rates show courts increasingly prioritise community protection over individual liberty.

Conclusion

Overall, the criminal investigation process seeks to uphold justice by balancing effective policing and the protection of rights through key laws such as LEPRA 2002 (NSW), the Evidence Act 1995 (NSW), and the Bail Act 2013 (NSW), supported by landmark cases and modern practices.
However, this balance remains imperfect and contested — expanding police powers, forensic surveillance, and reactive bail reforms continue to challenge the system’s ability to maintain both fairness and community confidence.