Discretion In Cjs

Discretion plays an indispensable role in the criminal justice system (CJS). Discretion is the judgment or decision implemented through values, facts, and principles. In the CJS, it is the authority given to a decision maker to decide between alternatives or no alternatives. Discretion can be used by police in the area of the criminal investigation process. Its role is continuous from sentencing judgments to the point of detaining offenders in prison past their sentencing period. Discretion also allows individuals’ circumstances to be considered, as the law at times can be considered a blunt measurement in delivering an alternative. This demonstrates that discretion plays an important role in the CJS to enforce the law, whilst taking into account the rights of individuals.
Police’s discretion in the CJS is regulated under the Law Enforcement (Powers and Responsibilities) (LEPR) Act 2002 (NSW). Under the LEPR Act 2002 (NSW), police use their discretion to enforce the law, and to make informed decisions based on a number of factors including the severity of the crime committed, the situation revolving
A Taser is an electrical weapon used by the NSW Police Force. It is designed to incapacitate human beings and to prevent fatalities and permanent injuries. The use of Tasers by the NSW Police Force is regulated under the LEPR Act 2002 (NSW), which highlights that police are not to use Tasers until they have properly assessed the situation and the environment. Tasers are used to protect human life, police, or anyone who is in danger of any bodily risk, violent confrontation or violent resistance. Under the LEPR Act 2002 (NSW), police are accountable and responsible for their use of force and must be able to justify their use of a Taser. This demonstrates that discretion through the use of a Taser protects individuals from harm, as well as meeting the needs of the