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Legal

  • Date Submitted: 06/03/2013 05:22 PM
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Legal Studies Examination Revision
Police Powers

Questioning: The Police are legally allowed to ask two questions; name and address. The Police must believe on reasonable grounds that the person has committed a crime, the person is about to commit a crime or the person may be able to assist in the investigation of an indictable offence.
Search (with a warrant): It is believed on reasonable grounds goods were; stolen, evidence of a crime, might be used in a crime or might be relevant to the commission of a crime.
Search (without a warrant): It is believed on reasonable grounds that there are drugs on the property, if an indictable offence is happening or a person is escaping from legal custody.
Arrest (with a warrant): when police are hunting for a suspect.
Arrest (without a warrant): if they reasonably believe the person has committed a crime.
DNA: 10-15 if they deny fingerprinting, must obtain a children’s court order.
15+ can be fingerprinted without permission if they believe on reasonable grounds that they committed a summary or an indictable offence.

Individual Rights

Questioning: The person being questioned may ask the police officers their name, their rank, their place of duty and grounds for their belief.
Search: The individual have a right to see a warrant and if no warrant they can ask what their grounds are and which grounds they are searching.
Arrest: The individual has a right to silence.
DNA: Under the age of 10 cannot be printed, from age 10-15 can be fingerprinted if the individual and parents agree, 15+ can be recorded, -18 parent or guardian must be present during fingerprinting process and all ages fingerprints must be destroyed after 6 months if suspect is not charged.

Crimes

How do we measure effective laws
For a law to be effective, it must be;
-Known to the public: if people do not know a new law, they wont be able to follow it.
-Acceptable to the community: If not people may be inclined to disregard the law....

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