Crime and The Criminal Process Problem Solving Mind Map

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Contents 1. POLICE ARREST POWERS ▪ Powers of Arrest ▪ Arrest Without Warrant s99 LEPRA p437 – USE DAMIAN’S s99 (1) • (a) The above requires ‘suspicion on reasonable grounds’ which has the following common law meanings: o Must have some factual basis or evidence, but not necessarily admissible in court (objective test; can’t be a gut feeling) s99 (1) For arrest to be lawful, the police officer must have reasonable grounds to suspect the person has committed an offence AND that arrest is necessary for one or more of the reasons outlined in LEPRA s 99 (1)” Voluntary Attendance – “Assisting Police with their Inquiries” ▪ Detention after arrest for the purposes of investigation LEPRA – USE DAMIAN’S s114 Detention after arrest for purposes of investigation Conditions: ▪ Evidence Act 1995 - Exclusion of improperly or illegally obtained evidence Admissibility of Confessions – Criminal Procedure Act 1986 89A Evidence of silence in criminal proceedings for serious indictable offences – p479 2. POLICE SEARCH POWERS (SEARCH WITHOUT ARREST - LEPRA) – use dam’s s3 – Types of Searches s21(1) - Circumstances where Police has power to search without warrant ▪ The Use of Drug Detection Dogs - LEPRA s146 General authority to use drug detection dogs 147 Use of dogs for general drug detection authorised 148 General drug detection with dogs in authorised places ▪ Arrest and Exercise of “Reasonable Force” - LEPRA ▪ Move-Along Powers – s197 LEPRA ▪ Riot and Affray s93 LEPRA S93B Riot: S93C Affray: S93D Mental Element S545C Crimes Act – Unlawful Assembly 4. COMPONENTS OF AN OFFENCE – STRUCTURE OF YOUR ANSWER 2. Actus reus 3. Mens rea 4. Coincidence (only deal with this if it is an issue) - using 5. Defences OFFENCES 1. Public Order Offences Summary Offences Act 1988 (SOA) OTHER RELEVANT FACTORS LEPRA - Powers relating to intoxicated persons LEPRA - Emergency Alcohol Free Zones Destroying or damaging property 2. Drug Offences Summary Offences Indictable Offences – Prohibited Plants Indictable Offences – Prohibited Drugs 3. Criminalising Association Association for terrorist purposes a. Membership of a terrorist organisation Associating with a member of a terrorist organisation Consorting – Crimes Act 93W Definition 93X Consorting 93Y Defence Participation in a Criminal Group – Crimes Act Current regime – pg 1220 Restricted Premises Act 1943 – pg 1223 Circumstances Times not taken into account Conditions