A typical investigation can take from several months to more than a year, with about half our cases taking more than six months to complete.
One of the main roles of the NSW Police Force is to detect and investigate crime and prosecute offenders. The investigation of a crime can take weeks, months or even longer depending upon the amount and type of evidence required to complete the investigation.
No. If the police believe you have information about a crime, they may ask you to attend and participate in a police interview; but you do not have to attend.
The Police Can Charge You Without Hard Evidence
The police can't charge you without any evidence at all. However, they can charge you if they have any reason to believe you may be involved in an incident or had the intent to commit a crime.
Solid evidence to charge someone with a crime is not necessary. An arrest or charge against someone is only an allegation or complaint that the person either participated in or committed a crime. Police or a district attorney often file charges against someone without evidence to convict them.
Answer: If you are a victim of domestic violence in Australia, you may be able to withdraw your statement and ask the Police to drop the charges against the accused. However, the decision to drop the charges is ultimately up to the Police and the court system.
How long can police hold evidence without charges in Australia? The law has no provisions that set a deadline for giving the property back. Instead, it states that police can keep items for as long as reasonably necessary. In practice, police officers must retain seized property within a short delay.
Whether they question you as a witness or a suspect, you do not have to answer any other questions. You have the right to be silent. If the police officer tells you that you are breaking the law by refusing to tell them information, ask to speak with a lawyer.
During the initial investigation police will interview victims, witnesses, record details, assess the victims need for protection and collect physical evidence.
Under Investigation. Wednesday after MAFS Created with Sketch.
It consists of gathering, securing, and examination of evidence aiming to establish facts substantiating or refuting allegations, and may consist of several stages (including initial consideration, preliminary assessment, and investigation).
This means that you cannot be forced to be interviewed by police. In fact, the law provides that if you choose to remain silent, your silence cannot be used against you in court. Practical Hint: Your right to silence includes the right not to have your refusal to participate in an interview recorded.
You are entitled to seek legal advice or have a legal representative attend the police station with you before you decide to engage in a police interview. You are also allowed to telephone a relative or friend to inform them of where you are and to ask them to attend the police station as a support person.
If you do not wish to be interviewed, you should tell the Police that you do not wish to go into the interview room. Whilst you need to stay calm in custody, you are not obliged to say anything or answer questions. You cannot get into trouble or be seen as uncooperative for not answering questions.
Police have long been prohibited from using physical force during interrogations, but they are still allowed to use a variety of powerful psychological ploys to extract confessions from people. During an interrogation, police can lie and make false claims.
Do I Have a Right to Silence While Being Arrested in NSW, Australia? While Australian police officers are not obligated to recite the Miranda Rights, nor does Australia even have a comparable version of them, Australians do have a fundamental legal right to silence.
Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
Under section 30 of the LEPRA a police officer in conducting a search can examine anything in the possession of a person, including a phone.
What Can Police Search? There are a few circumstances in which a NSW police officer may stop and search a person without a warrant, and then seize any items including a mobile phone.
You hear popping, static, humming, or clicking.
If you hear a great deal of noise while you're talking on your landline, it could indicate a physical wiretap. But if your phone is tapped using software that intercepts your calls at the carrier level, you likely won't hear anything strange at all.
It is important to realise that, if you make a statement, it will be given to the accused and/or the accused's solicitor. You can choose to withdraw the statement at a later date if you wish by contacting the police officer in charge of investigating the matter (also called the informant).
If it is a crime like assault or domestic violence, the police can decide to lay charges even if you don't want them to. They will speak to you about this decision.
Some can take days, weeks, or a year or more to complete. Here are some ways that law enforcement officials and prosecutors conduct an investigation before making an arrest.