The criminal investigation process is a complicated process of the legal system. This system encases police powers, which allows them to detain suspects, interrogate and to search and seize property with the use of warrants and other legal means. Its aim is to fairly and justly gather evidence while accommodating to the rights of suspects, victims, legal professionals and the society at large.
It can be disputed that the criminal investigation process is effective in achieving justice as it conforms regularly to the ever-changing needs of society. Through the Law Enforcement (Powers and Responsibility) Act 2002 we are shown the difficulties imposing on police powers that allows them to detain and question suspects and their power to search people, places and motor vehicles and seize and take evidence. This system is balanced with the use of warrants, which safeguards the ability of police officers abusing their legal authority. Warrants are needed for more legal enacted investigation process an example would be phone taps and surveillance. As for detention, police are lawfully able to detain suspect for a maximum of 4 hours, this period of time does not include “time outs”. Again, a warrant enables officers to keep suspects for a further 8 hours if warrant application is successful. However in 2005 the Anti-terrorism Act was introduced, which provides preventative detention for a person believed to be involved in terrorist activity. These powers can undoubtedly interfere with ordinary citizens rights, in 2007 Mohamed Haneef was arrested and detained for 12 days without charge on the grounds that he was involved with terrorist organisations in London. Haneef was granted $10’000 bail but was detained in a Villawood migrant detention center after his Visa was cancelled. Two weeks later the charges were dropped and he was placed on ‘residential detention’. Due to this, amendments were made to the police powers of arrest in December 2013. This piece of legislation allows for all individuals to be treated fairly and equally under law, thus making this effective in the criminal investigation process.
The criminal investigation process is arguably very effective when responding to change in society, the amendments of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) police are now more capable to arrest suspects and protect society. A police officer may, without a warrant, if an officer suspects on reasonable grounds that the person has committed or will commit an offence. Determining whether it is applied on reasonable grounds is considered on whether the accused is a flight risk, in order to obtain identification and to prevent any harassment towards witnesses and victims. Additionally, the Bail Amendment Act 2007 (NSW) is effective in achieving justice as it limits the number of times a suspect may apply for bail, this then ensures that the presumptions against bail are certain. In 1998, Mustapha Dib fatally stabbed 14-year-old Edward Lee, having not yet been charged for the stabbing
