Part A Introduction Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), there have been various breaches of procedure. Police whilst in the process of executing an arrest and investigation as well as the matter of assault on Emilie’s behalf will detrimentally effect the progression and outcome of the case at hand. Breaches of Procedure Arrest The first encounter, outlined in the facts is, of police stopping Emilie’s vehicle on the presumption that she was driving under the influence of alcohol.…
The first issue with the legality of the police’s treatment of Lancaster lies in his arrest. PC Denman started to inform Lancaster that he was under arrest but was interrupted as Lancaster talked over him. Lancaster should have been told that he was under arrest, the offence he was arrested for and the grounds…
The first step will be the investigation of the reported offence undertaken by a non legally qualified body, the Police. The Police will question the witness, Mrs Smith for any and details surrounding the attempted murder of Dan’s girlfriend. If Sufficient evidence has been gathered against dan he can then be arrested. However, if not the charges may be dropped. Dan will be arrested under Section 24 of the Police And Criminal Evidence Act (PACE).…
The Human rights act affects the all of the Uniformed Public Services because of the fact that it means that everyone has these rights all over the world and the Britain is sworn to protect everyone’s human rights in the UK and the human rights of citizens of the United Kingdom all over the world. This can affect the police services because of the fact that in the Human Right act, it states that you have a right to freedom from arrest or unjustified police searches, ‘among the wide range of circumstances covered by the act are disproportionate use of stop and search powers against ethnic minorities’ http://www.theguardian.com/humanrightsandwrongs/affect-public-sector. So the police cannot arrest someone if they do not have any proof, because everyone that is a citizen of the UK is entitled to a right from the freedom of arrest, so this might mean that even though the police may know a person has committed a crime, if that cannot prove it then they cannot arrest him/her. This affects the police service because it means that they may be letting a criminal back on to the streets to possibly commit more crime.…
It is the Polices job to investigate a crime when it is reported, but it is within the Polices discretionary powers to decide whether or not to investigate a particular offence, for example, under the Evidence Act 1995, the police will not investigate allegations of a crime unless the value of the offence is very high. Not every crime will undergo investigation as it is a time consuming and costly process. This job of investigation is under the Polices discretion as their involvement within the criminal trial process is the arrest and charge of the alleged offender. As an investigation continues, the police must judge who should be contacted and what places should be examined for more evidence. Police discretion in this aspect plays a vital role in the sentencing of the suspect as the more evidence gathered for the trial could determine the…
In the relationship between private and public police, private police are different. Private officers do not work for us; but they do offer their services for corporations, they basically focus on the corporation that hired them. Private police has three times more than public police does. The private police care less about the due process, civil rights, and the public safety. “Private police dwells on the protection, immediate deterrence, and commercial enforcement”. (Private Security and the Law, 2004).…
Today’s police officers have more than enough pressure on them to do the right thing. One of the main tools an officer has available is their ability to do what is right in that instant, as it relates to discretion. If an officer followed the letter of the law and held strictly to it, then the jails and prisons, along with the court system, would all be so overloaded there would be nowhere to put anyone else. Not every possible scenario an officer might experience can be thought of nor taught in the academy. Therefore they need some latitude in exercising discretion because they are the only ones who can read and judge the situation at that moment. By using discretion, they can choose whether to stop someone who may have failed to use…
Bail means that after someone has been charged they are free from police custody until the next stage of the process of the case (trial). The custody officer has the power to either decide if bail is granted or not. If the officer refuses to grant bail they must present the case to magistrate court soon as possible.…
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.”…
Policing have become a major concern today in the United States. The citizens of the United States confidence and trust in policing of the police are at the lowest point since the Rodney King beating. Many Americans still report confidence in the police, however an unprecedented number of Americans also report no or very little confidence in policing. Throughout history poor police/community relations in minority and low-income neighborhoods has documented. It has been exacerbated by egregious acts of misconduct, some of which have been captured on video and shared on social media. Many people such as activists, politicians, and police officials themselves have called for better education and equipment, from de-escalation training to body-worn…
In law enforcement, officers deal with a variety of calls, some being easier than others to deal with. When that happens, a mentality of “us versus them” can start to form with the public. For instance, if an officer goes to disturbing and upsetting scenes, then has to listen to the normal public ramble about what a “miserable” day it was, that can potentially be a basis for such a mentality, which plays into only being an authoritarian. It can be easier for an officer to be strict on all the rules, having everything be only black and white with no gray area. That can cause a person to have a lack of sympathy and compassion when responding to calls.…
In a democracy, the citizens have the absolute right and expectation to expect that the police will listen to them and make laws according to them. Law enforcement officers gain their power and authority from the community. It is extremely important that law enforcement attend to the community’s needs as much as possible. There are five principles that law enforcement officers are expected to follow and maintain.…
people. The police is a government service to all people, but all people do not…
The government of Canada has mismanaged native affairs in several different ways including how they have been policed. There have been a few controversial incidents in recent history where native protests have become violent and it can be argued that police made mistakes in an effort to maintain peace. These incidents include the Oka Crisis, the Dudley George shooting and the Caledonia land claim dispute. The Oka Crisis took place during the summer of 1990. It was a land claim dispute between the Mohawk nation and the town of Oka Quebec. The protest resulted in one police officer dead and many others injured. The second incident occurred in September of 1995 and was dubbed the Ipperwash Crisis and resulted in the shooting death of native protester Dudley George. This was yet another land claim dispute that became a violent clash between the Police and Natives. Currently there is an ongoing land claim dispute in Caledonia that at times has become violent. These violent situations could have been avoided if better policy from the government.…
Bibliography: Newiss, G.(1999) “Missing presumed?”. The Police response to missing persons”. Police research series Paper 114. Available from: http://rds.homeoffice.gov.uk/rds/prgpdfs/fprs114.pdf (accessed 19/12/2010)…