Explain Why The Police Should Be Allowed To Break The Law Essay

Police officers are faced each day with a variety of situation in which they must deal; therefore we should ask ourselves the following questions: Should police officers enforce the law equally in all situations? In what situations should police officers be allowed to not enforce the law? What types of situations would they be required to fully enforce the law? Why does police discretion exist? What are its strengths and weaknesses? And what is the relationship between police discretion and police ethics?

Police makes the decision whether to investigate a crime based on the likelihood of success, available resources and priorities or the severity of the offence. Police can use several methods and authorised powers to assist their investigation. Most of NSW Police’s powers are listed out in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) is an act introduced in 2001, which outlines police powers and authority. Main police powers in investigating crime are: arrest, search and seizure, access to information (computerised operation policing system), interrogation and use force is necessary to carry out duties.

According to Crimes Act 1958 section 459 states, “powers of police officer to apprehend offenders”. Section 459 (1) states, “a police officer may at any time without warrant apprehend any person he believes on reasonable grounds has committed an indictable offence in Victoria or he believes on reasonable grounds has committed an offence elsewhere which if committed in Victoria would be an indictable offence against the law of Victoria. Crimes Act 1958, section 464A, states that “definition of detention of a person in custody”. Every person that has been taken into custody has to be either released unconditionally or released on bail. Section 464C states that the accused has the “right to communicate with friend, relative and legal practitioner”, (Austlii, n.d.). Evidence Act 2008, section 139 outlines the “cautioning of a person”, (Austlii, n.d.). This is when a statement is made by the investigator during an interview of an accused or at the time of an

Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can

The pre-trial powers which the state are provided with lie with the police force. They are empowered with the authority to arrest, interrogate and detain suspects. If the police see a person and suspect the are someone who is committing a known crime then, under s.13(1) of the Criminal Procedure (Scotland) Act 1995, they can either ask for an

There are several different types of force. These types of force include verbal commands or persuasion, physical force (unarmed), force using weapons that are non lethal, force that involves using weapons such as the bean bag gun or taser, and lastly, deadly force. All officers have to give way to each force option before last resorting to the use of deadly force, unless of course if the officer is in a life or death situation. This may be the only way to use deadly force in the first and last resort. They have a couple of weapons that they carry in case the need to use them arises. They carry a baton, tasers, handcuffs, guns and they also have police dogs. Some police do follow the guidelines for using force. Others may abuse their authority and not use force properly. It is really only up to the officers to do the right thing. Some cops are great and live to protect our communities while others abuse their authority.

Even if you are taken in for questioning, everyone has a right to silence and doesn’t have to speak if they don’t want to.

Police have the uncontested right to use force when necessary to apprehend a suspect. If the force exceeds that which is necessary it is defined as excessive force and is illegal. An officer’s discretion on use of force is a based on judgment. They do not know if a judge will later rule an instance of use of force as excessive or not. There is a fine line between what is considered acceptable force and what is considered excessive force. All an

It is desirable for a suspect to answer whether or not they understand these rights with a definite "No" or "Yes" answer. If a suspect is not read these rights or states that he does not know or understand them as they are explained to him, then any evidence, confessions, or information about the alleged crime will be "fruit of the poisonous tree" and may be inadmissible if the case goes to trial.

Every detainee must have a custody record opened for them when in police detention. All information is recorded here by the custody sergeant with relevant times and dates also recorded, verified by the custody officer’s signature (PACE act 1984). The Custody record is an ‘open’ document that must be made available to the defence, a detainee’s solicitor is entitled to see the custody record the moment of arrival at a designated police station and must be given a copy at request any time within 12 months of the detainee leaving police detention or coming before the courts. It is the Custody Sergeants responsibility to make sure that the custody record is kept up to date, accurate, and complete. The detainees must also be read out their three basic rights under code C of the PACE act, these rights are the right to have somebody informed of their arrest, the right to consult with a solicitor and be given free legal advice and the right to consult the codes of practice (YourRights 2007). The Custody officer must also assess mental health and identify any communication barriers; this may result in the need for an interpreter or possibly even the consultation of a doctor. They must also review any evidence relating to the investigation and decide whether there is a sufficient amount to charge or whether the detainee must be kept in custody so more evidence can be obtained. The custody officer must determine whether he

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” This are the rights read to you. If you see it's trying to preserve your liberty by telling you anything you say can

The child may not be questioned unless he and his parents or other person legally responsible for his care been advised of the child's right to remain silent and request to have an attorney. The police must make responsible efforts to notify a parent or other person legally responsible for the child's care and give them an opportunity to be present. A violation by the police bars the admission of any statement the child makes. If the police have made reasonable efforts to notify the parents or other legally responsible person, their absence at the time of questioning does not automatically bar the admission of any statement the child makes. Their absence at the time of questioning is one factor the court considers to determine whether the statements were made voluntarily.

If you are in police custody, you must be advise of your constitutional right you remain silent and the right to counsel, before being questioned by an officer.. You must speak up and affirm your right to remain silent. If the officers failed to advise you your statements are not valid in court. Evidence found against you is

Most people confuse police authority with police power. What are police authority and or police power? Souryal, (2007), stated, “That Authority is the right to control the behavior of others within legally determined parameter. These include constitutional and professional limitations, which are designed to resolve conflicts in an orderly fashion. Authority stems from the practitioner’s

This report shall examine the role of the police in the criminal justice system. For background it will detail a brief history of the development of the police then look at the later development of police powers of arrest, detention and of stop and search. Further to this it will examine the role of the police in miscarriages of justice and the effects of these miscarriages on the development of safeguards for people detained by the police. Also the measures taken to prevent further miscarriages of justice such as the development of the Crown Prosecution Service (CPS) to decide if the evidence is there and a prosecution is likely to be successful.