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Essay / Criminal Investigation Process Essay - 1078
It is one of the most important aspects of the criminal investigation process because if the proper procedures are not followed, the validity of the case will be compromised . The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) describes the conditions under which a person can be arrested and detained. A key term in the arrest process is "reasonable suspicion" because it describes police discretion when making arrests. Although most arrests require a warrant, police can arrest a person if they honestly believe that person is guilty of a crime. Once a person has been arrested, they will be detained at a police station and this process is also outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The law sets out the rights of a detained person, such as refreshment periods, and the procedures the police must follow, all of which is done to help protect the rights of citizens. If a person is charged with a crime, they will either be remanded into custody or allowed to post bail. Bail, also known as parole, allows a person to retain certain rights, such as spending their time awaiting trial at home, which is outlined in the Bail Act 1978 (NSW). Bail is an excellent example in the criminal trial process to achieve justice because the concept of bail seeks to