Police officers play an essential role in investigating all aspects of crime. To ensure that all investigations are executed to the highest possible standard they must ensure that all of their actions are appropriate and more importantly lawful. During all investigations police should adhere to guidelines and procedures outlined in legislation. Adhering to these guidelines and procedures enables all relevant information to be gathered in a lawful manner which in turn may lead to a successful prosecution. Police must also be mindful of their powers when investigating a crime, ensuring that they follow all correct procedures when gathering evidence to eliminate contamination of evidence and to ensure that all evidence is obtained lawfully. Following
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202 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), A police officer, when liaising with a suspect of a crime must always introduce themselves, identify themselves as a police officer and provide reasons as to why they are speaking with them. Once this is completed a police officer must caution the suspect to ensure that the suspect is aware of their rights prior to providing police with any information and ensure that the suspect understands. “Before questioning suspects be satisfied they understand the caution and implications of actions following it” (NSW Police Force, 1998, p.66). Cautioning also informs the suspect that police will record the conversation and if required, may use the information provided for judicial action against them. All conversation, in exact words between the suspect and police is recorded in an official police notebook. At the conclusion of the questioning it is then read and signed by the suspect acknowledging that the conversation recorded is a true and correct record. It acts as confirmation that the caution was administered appropriately and that any admissions obtained were obtained lawfully therefore allowing them to be admissible in court (s. 88 of the Evidence Act, 1995, NSW). Depending on the circumstances, the phrasing of the caution can vary. These circumstances are outlined in the Code of Practice for Crime (NSW Police Force, 1998 p.68). However the caution is delivered the suspect must …show more content…
When gathering the bloodied clothing worn at the time of the offence I would first ensure that I photograph the clothing whilst Willie is still dressed. This will confirm that the clothing was being worn by at the time of its collection. I would then ensure that photographs of the blood stains on the clothing are taken and that both the blood on Willies hands and any visible injuries on his hands from assaulting Ken are photographically documented. In accordance with s. 95 (1)(l) of the Law Enforcement (Powers And Responsibilities) Act 2002 (NSW) I exercise my power to obtain photographs. Once I have photographed the bloodied clothing, I would then under s. 95 (1)(m) of the Law Enforcement (Powers And Responsibilities) Act 2002 (NSW) seize and detain the bloodied items of clothing from Willie. Ensuring that I was wearing protective gloves to prevent any cross contamination, I would remove the items of clothing allowing it to dry. According to Horswell (2004) “All items should be allowed to air dry prior to packaging in paper” (p.27). Once this was done I would then carefully place it into an official labelled evidence bag and seal it with police evidence tape. Immediately after the clothing is placed in the evidence bag and it is sealed, I would then ensure that it be labelled. Labelling the bag ensures that no items are lost or mixed up and records also the chain of custody of the evidence. (Horswell,
202 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), A police officer, when liaising with a suspect of a crime must always introduce themselves, identify themselves as a police officer and provide reasons as to why they are speaking with them. Once this is completed a police officer must caution the suspect to ensure that the suspect is aware of their rights prior to providing police with any information and ensure that the suspect understands. “Before questioning suspects be satisfied they understand the caution and implications of actions following it” (NSW Police Force, 1998, p.66). Cautioning also informs the suspect that police will record the conversation and if required, may use the information provided for judicial action against them. All conversation, in exact words between the suspect and police is recorded in an official police notebook. At the conclusion of the questioning it is then read and signed by the suspect acknowledging that the conversation recorded is a true and correct record. It acts as confirmation that the caution was administered appropriately and that any admissions obtained were obtained lawfully therefore allowing them to be admissible in court (s. 88 of the Evidence Act, 1995, NSW). Depending on the circumstances, the phrasing of the caution can vary. These circumstances are outlined in the Code of Practice for Crime (NSW Police Force, 1998 p.68). However the caution is delivered the suspect must …show more content…
When gathering the bloodied clothing worn at the time of the offence I would first ensure that I photograph the clothing whilst Willie is still dressed. This will confirm that the clothing was being worn by at the time of its collection. I would then ensure that photographs of the blood stains on the clothing are taken and that both the blood on Willies hands and any visible injuries on his hands from assaulting Ken are photographically documented. In accordance with s. 95 (1)(l) of the Law Enforcement (Powers And Responsibilities) Act 2002 (NSW) I exercise my power to obtain photographs. Once I have photographed the bloodied clothing, I would then under s. 95 (1)(m) of the Law Enforcement (Powers And Responsibilities) Act 2002 (NSW) seize and detain the bloodied items of clothing from Willie. Ensuring that I was wearing protective gloves to prevent any cross contamination, I would remove the items of clothing allowing it to dry. According to Horswell (2004) “All items should be allowed to air dry prior to packaging in paper” (p.27). Once this was done I would then carefully place it into an official labelled evidence bag and seal it with police evidence tape. Immediately after the clothing is placed in the evidence bag and it is sealed, I would then ensure that it be labelled. Labelling the bag ensures that no items are lost or mixed up and records also the chain of custody of the evidence. (Horswell,