Police Essay
Week 5 Case Study and Tutorial Activity.
Some more information about the investigation to date:
The Australian Crime Commission and the Crime and Misconduct Commission (Qld) had been kept in the loop by the QPS since the early stages of this investigation, because of their interest in illicit firearm sales and organised crime. Upon learning of Craig’s arrest, the ACC expressed an interest in interviewing him about his knowledge of and connections to a high-profile outlaw motorcycle gang operating on the coast.
Craig:
Craig was arrested by QPS officers at his home. He made it clear that he intended to exercise his right to remain silent, so no QPS interview took place. However, as the investigation falls within the ambit of the ACC’s Highest Risk Criminal Targets Special Investigation, an ACC examiner has available special powers that can compel Craig to attend and give evidence at an ACC hearing. The ACC decides that this is an appropriate way to proceed at this stage.
Answer the following questions
1. Can Craig refuse to attend the hearing? What would happen if he did? (See s30 and 31 of the Australian Crime Commission Act 2002 http://www.comlaw.gov.au/Details/C2010C00726/Html/Text#param0 2. Look again at section 30 of the ACC Act. Can Craig refuse to give evidence? Are there any limitations on the use of his evidence?
Craig attends the hearing and provides the examiner with useful information to continue the investigation into the outlaw motorcycle gang, although not sufficient evidence to arrest or charge anyone at this stage.
Answer the following questions and be prepared to debate them in class:
3. Provide 2 thoughtful arguments why you think the establishment of ‘new investigators’ such as the ACC or CMC is necessary and/or appropriate.
4. Provide 2 thoughtful arguments why you think the establishment of ‘new investigators’ such as the ACC or CMC is not necessary and/or appropriate.
Some more information about the investigation to date:
The Australian Crime Commission and the Crime and Misconduct Commission (Qld) had been kept in the loop by the QPS since the early stages of this investigation, because of their interest in illicit firearm sales and organised crime. Upon learning of Craig’s arrest, the ACC expressed an interest in interviewing him about his knowledge of and connections to a high-profile outlaw motorcycle gang operating on the coast.
Craig:
Craig was arrested by QPS officers at his home. He made it clear that he intended to exercise his right to remain silent, so no QPS interview took place. However, as the investigation falls within the ambit of the ACC’s Highest Risk Criminal Targets Special Investigation, an ACC examiner has available special powers that can compel Craig to attend and give evidence at an ACC hearing. The ACC decides that this is an appropriate way to proceed at this stage.
Answer the following questions
1. Can Craig refuse to attend the hearing? What would happen if he did? (See s30 and 31 of the Australian Crime Commission Act 2002 http://www.comlaw.gov.au/Details/C2010C00726/Html/Text#param0 2. Look again at section 30 of the ACC Act. Can Craig refuse to give evidence? Are there any limitations on the use of his evidence?
Craig attends the hearing and provides the examiner with useful information to continue the investigation into the outlaw motorcycle gang, although not sufficient evidence to arrest or charge anyone at this stage.
Answer the following questions and be prepared to debate them in class:
3. Provide 2 thoughtful arguments why you think the establishment of ‘new investigators’ such as the ACC or CMC is necessary and/or appropriate.
4. Provide 2 thoughtful arguments why you think the establishment of ‘new investigators’ such as the ACC or CMC is not necessary and/or appropriate.