A L

IN ION
I M T
R A
C IG SS
H E S T E
T VE OC
N P R
I
Students learn about:
• Police powers

Students learn to:

- Discuss the powers of police in the criminal process
Powers of police

◻ POLICE DO NOT HAVE

x x x
UNLIMITED POWER
Powers of police
◻ Most police powers in NSW are set out in the

◻ Law Enforcement (Powers and Responsibilities) Act

2002
◻ AKA: LEPRA

◻ LEPRA was introduced into parliament in 2001, in

response to the Wood Royal
◻ Commission recommendation that NSW police powers
be all put into one single law.
Police powers

When it was originally passes, LEPRA did not give police

any big extra powers.

However, since the, LOTS of new powers have been

introduced that have significantly Increased police powers:
E.g. Emergency public disorder powers
Powers to move on groups of of intoxicated people
Gang-related powers and covert search warrants

These new powers have throw-off the BALANCE between the

rights of individuals and police .
 Powers of police
Searches by “consent”
There is no safeguard to protect people who are searched by “consent”

Some people follow requests by the police to empty their pockets

because they don’t understand that they have a choice (DPP v Leonard
(2011)

As with the right to silence, forensic procedures, etc., police SHOULD

have to tell the person whether a search in voluntary or compulsory.
Powers of police
◻ Emergency public disorder powers.

◻ These new police powers were brought in by the Law

Enforcement Legislation Amendment (Public Safety)
Act 2005 following the Cronulla riots.
◻ There was originally a ‘sunset clause’ in the law. This
meant that it was supposed to “run out” once the
riots were no longer a threat
◻ But the NSW parliament made the change permanent
(it’s like we’re ALWAYS in an emergency now !).
Powers of police
Arrest is not being used as a last resort

According to the LEPRA, arrest is supposed to

ONLY be used as a last resort.

BUT, an inquiry by the Ombudsman found that

POLICE don’t seem to understand this- they
SEEM to think that they have the power to arrest
for the purpose of investigation.
 Powers of police
‘Consorting’ laws
Police have been accused of abusing the ne ‘consorting
law’ in NSW (the Crimes Amendment (Consorting and
Organised Crime) Act 2012 (NSW) ).

Police are able to charge people for communicating four

or more times with a convicted criminal. The maximum
jail term for this is 3 years.

The first person convicted under the law was a man on a disability pension
who couldn't read or write. His conviction was overturned, but the law
remained. The point has been made that the police shouldn’t have abused
their power, which was originally given to deal with bikie gangs, to target
small-time troublemakers.
Give anyone too much power they’re going to abuse it, SMH, 2012
Students learn about:
-reporting crime
-investigating crime: gathering evidence, use of
technology, search and seizure, use of warrants

Students learn to:

-examine the reporting and investigating of crime
THE CRIMINAL
INVESTIGATION
PROCESS
Reporting crime

Police have to rely on

THE PUBLIC
And
THE VICTIMS
To report crimes
Reporting crime
WE ONLY HAVE STATISTICS ON THE LEVEL OF
REPORTED CRIME

NOT ALL CRIMES ARE REPORTED

TO POLICE
Reporting a Crime

EXAMINE the EXAMINE

reporting and “inquire into”
investigating of crime LOOK
Look into CLOSEL
REPORTING CRIME Y
Delve into

Inspect

ASK QUESTIONS
(and write some
possible answers)
 Reporting crime
One way of doing this is picking a few inquiry questions to
answer.

Inquiry question 1 Why would someone not report a

crime?

Inquiry question 2 How many crimes go unreported?

Inquiry question 3 How can we increase the level of

crime reporting?
 Reporting crime
Inquiry question 1 Why would someone not report a crime?
It depends on the
category of crime
“less crime but fewer reporting it, says expert’, (SMH)
Of victims of assault…

18% didn’t report because the incident was “too trivial” (not
serious enough).
10% didn’t report because “there was nothing the police could
do”
Reporting crime
Of victims of domestic violence…
There may be cultural barriers (e.g. language, fear of
being isolated from their community, expectations of women in
their culture etc.)

Problems with the system of policing…

There has been a move away from “local cops”- police
are now moved into special squads (like narcotics) rather than
having a community where they are known to the people (old-
fashioned community policing).
 Reporting a Crime
Inquiry question 1 Why would someone not report a
crime?
NSW Bureau of Crime Statistics (BOCSAR)
Of victims of sexual assault…
- Fear of further attacks
- Fear that they attacker may be punished (especially if it is a
family member, or close family friend, which it usually is)
- Uncertainty about whether what happened to them will
actually classify as “rape” (this comes from a misunderstanding
of the low-”rape” is not the crime, the crime is “sexual assault”,
which is unwanted sexual contact)
- Young women may believe it is “normal” (if they are
inexperienced, they may think that “this just happens”)
Reporting a crime
Inquiry question 2 How many crimes
go unreported?
ABS- Crime Victimisation survey
Around 65% of assaults go unreported
Around 70% of sexual assaults go unreported
(probably more = 85%)
NSW Women’s Refuge Movement Resource Centre
Around 80% of domestic violence incidents go
unreported
Reporting a crime
Inquiry question 3 How can we increase the level of
crime reporting?

Programs like CRIME STOPPERS make it easier (just ring

them), more convenient (24 hr hotline; website also) and
anonymous (reducing the fear of being attacked for reporting a
crime).

DOES IT WORK?

Yep-Crime Stoppers Annual Report 50, 000 calls → 300 arrests

Reporting a crime
Communities can also try to improve education
about reporting a crime (e.g. talks in schools about
what a sexual assault is, and letting them know that
they won't be forced to sit in court with their
attacker

Increasing the number of successful cases against

criminals works in reducing the victims fear that
their attacker “will just get off anyway, then come
and attack me again”. Less than 50% of people
convicted of sexual assault are sentenced to
imprisonment, which gives victims a good reason
not to report the incident.
Reporting a crime
Using Neighbourhood watch programs to encourage
locals to report crimes (leads to a decrease of 15-25%
in crime)!
Investigating a Crime

EXAMINE the EXAMINE

reporting and “inquire into”
investigating of crime LOOK
Look into CLOSEL
INVESTIGATING Y
CRIME Delve into

Inspect

ASK QUESTIONS
(and write some
possible answers)
Activity
Complete Review 2.3 q 1-3