Crime Practice Extended Response:

“To what extent has law reform in the criminal investigation process been effective in achieving justice (for victims,
offenders and society)?”

I want THREE additional controlling ideas. I have given you one as an example. Go through Google Classroom and your notes - everything is there:)
What else is part of the Criminal Investigation Process???

Controlling Content (how does it work, why was it reformed etc) Judgement (justice is achieved Legislation Case / Media article
Idea Demonstrate knowledge... through…)

1) Detention - Police generally have power under LEPRA to arrest
preventative and detain someone for the purposes of
and investigation for 6 hours. They can apply for a
investigative further 6 hours; with exceptions to this timeframe
and safeguards.
Anti-terror laws give the police controversial
detention powers; introduced as a response to the
9/11 terrorist attacks in USA. Provides for special
powers to be authorised if believed on reasonable
grounds a terrorist attack is imminent (no need for
warrants etc).
Preventative detention orders originally part of the
act and police can hold anyone over 16 for a
maximum of 14 days without charge - only test is
reasonable grounds to suspect.
Investigative detention introduced in 2016 in
response to the shooting of accountant Curtis
Cheng outside Parramatta police station by a 15
year old child who was radicalised. This type of
detention allows police to detain persons without
charge and ask them questions - as young as 14 for
2 weeks. Those detained only have to have a
continuous rest of 8 hours, so legally they can be
questioned for 16 hours every day for 14 days.
Enforceability - protect society LAW Preventative detention orders
and police have discretion - ENFORCEME 'used as a tool to break terrorism
maybe too much discretion - NT (POLICE suspects' (The Guardian 2014) -
reasonable grounds test may be AND potential problem with too much
too easy to pass (media article) RESPONSIBIL police discretion (skewed
ITIES) ACT towards protecting society and
Fairness - under IDO a senior 2002 (NSW) the rights of offenders have
police officer must review the diminished).
order every 12 hours; and you TERRORISM
can appeal both in the Supreme (POLICE Can also mention the media
Court (but no rules of evidence POWERS) article concerning Curtis Cheng.
and a closed court); ACT 2002
Is 14 too young? (bring in doli (NSW)
incapax - push to increase it to
14). Infringes upon the human ICCPR Article
right to know why you are being 9
detained / writ of habeas corpus.
Equality - no discrimination based
on age - should there be?
Children are vulnerable persons;
and will all people be treated
equally or will they be
discriminated against e.g.
Muslims

2) Bail NEW LAW Presumption of innocence Man Monis

 Mick Hawi
Show cause burden/onus of proof reversed Media articles

Extra considerations

3) Police Warrants or reasonable grounds Discretion almost unlimited Where are the High Court challenge to anti-
Powers (potential problems) anti-consorting consorting laws
Anti-consorting offences laws found?
Proactive instead of reactive Media article about Ombudsman
STMP (police investigate and detect LEPRA criticising the use of anti-
crime - not prevent it from even consorting laws
happening)
Media article on STMP

4) Right to 2 cautions - what does the special caution mean? View of govt Amendment 2 media articles
silence View of lawyers Act