Criminal Investigation Process
2. The Criminal investigation Process
Police powers
You should be mindful of the fact that the exercise of police authority is regulated.
The main police powers are defined by statutes including the: Law Enforcement (Powers and Responsibilities.) Act 2002. (LEPRA) and the Bail Act. 1978 NSW
Police powers include:
1. The power to arrest (discussed in more detail below).
2. The power to issue cautions, warnings and infringement notices in relation to minor offences.
3. The right to obtain identification information, (name, address and provision of licence) for example from a driver or someone supervising a learner driver. If a vehicle is suspected of being used for a serious offence, the owner, driver, and passengers must provide their names and addresses to police; other examples: if police suspect that a person is under 18 and carrying or consuming alcohol in a public place or if a person is suspected of committing an offence on a train or part of a railway.
4. The power to stop and detain a person for the purposes of a search if the police have reasonable grounds to suspect that the person is carrying illegal articles (such as drugs) on their person or in their vehicle.
5. The power to enter premises to prevent a breach of the peace, domestic violence or to arrest someone.
6. Emergency powers may be authorised by the Commissioner of Police if there is a large scale public disorder, or the threat of one in the immediate future. Such powers can include the right of police to set up road blocks, declare alcohol free zones, disperse people, and request identification. These powers were given to police by Parliament in response to the Cronulla Riots in December 2005. They are contained in Part 6A of Law Enforcement (Powers and Responsibilities) Act 2002. Additionally police can be given special powers via specific legislation. An example of this is powers given to police during the APEC summit in Sydney in 2007, when access to Sydney’s CBD was cordoned
Police powers
You should be mindful of the fact that the exercise of police authority is regulated.
The main police powers are defined by statutes including the: Law Enforcement (Powers and Responsibilities.) Act 2002. (LEPRA) and the Bail Act. 1978 NSW
Police powers include:
1. The power to arrest (discussed in more detail below).
2. The power to issue cautions, warnings and infringement notices in relation to minor offences.
3. The right to obtain identification information, (name, address and provision of licence) for example from a driver or someone supervising a learner driver. If a vehicle is suspected of being used for a serious offence, the owner, driver, and passengers must provide their names and addresses to police; other examples: if police suspect that a person is under 18 and carrying or consuming alcohol in a public place or if a person is suspected of committing an offence on a train or part of a railway.
4. The power to stop and detain a person for the purposes of a search if the police have reasonable grounds to suspect that the person is carrying illegal articles (such as drugs) on their person or in their vehicle.
5. The power to enter premises to prevent a breach of the peace, domestic violence or to arrest someone.
6. Emergency powers may be authorised by the Commissioner of Police if there is a large scale public disorder, or the threat of one in the immediate future. Such powers can include the right of police to set up road blocks, declare alcohol free zones, disperse people, and request identification. These powers were given to police by Parliament in response to the Cronulla Riots in December 2005. They are contained in Part 6A of Law Enforcement (Powers and Responsibilities) Act 2002. Additionally police can be given special powers via specific legislation. An example of this is powers given to police during the APEC summit in Sydney in 2007, when access to Sydney’s CBD was cordoned