HSC Legal Studies · Crime · Chapter 2 · Student worksheet

The Criminal Investigation Process — Activity Materials

Print or work on screen · pairs with the Chapter 2 lesson
Name: Class: Date:

Activity 1 — Police-powers scenario cards

Syllabus link: 2.1 police powers · 2.4 arrest · 2.6 detention & rights (apply LEPRA)
For each scenario decide: is the police action lawful? Name the power or right involved and, where you can, its source (aim for LEPRA). Give a one-line reason. Discuss the borderline ones with a partner.
Scenario A — stop & search

An officer searches Ana's bag because she "looked nervous" walking past a station. Nothing else.

Lawful?
Power/right & reason:
Scenario B — arrest vs CAN

Ben is caught littering. The officer handcuffs and arrests him to take him to the station.

Lawful?
Power/right & reason:
Scenario C — entering a home

Police push past Cara at her front door and search her lounge room. No warrant, no consent, no emergency.

Lawful?
Power/right & reason:
Scenario D — how long?

Dev is held and questioned for 9 hours straight, with no breaks and no charge. No detention warrant was sought.

Lawful?
Power/right & reason:
Scenario E — a lawyer, please

Before questioning Eli about a serious matter, police refuse his request to phone a lawyer.

Lawful?
Power/right & reason:
Extension

Write your own scenario where it's genuinely unclear whether the action is lawful, and swap with a partner.

Wrap-up question

In one sentence: what single test does most of Activity 1 come back to?

Activity 2 — "Bail or remand?" decision task

Syllabus link: 2.5 bail or remand — applying the Bail Act 2013 (NSW)
Use the two-step test. Step 1 — Show cause: is this a serious (show-cause) offence? If yes, the accused must show why detention is not justified. Step 2 — Unacceptable risk: is there an unacceptable risk of failing to appear, reoffending, endangering others, or interfering with witnesses/evidence — that conditions can't manage? Decide bail (list conditions) or remand, and give a reason.
Show cause = must justify releaseUnacceptable risk = refuse if unmanageableConditions: reporting · curfew · monitoring · non-contact · surety · surrender passport
AccusedShow cause? Risk? Decision + reason
1. First-time shoplifter, fixed address, minor charge.
2. Charged with a serious violent offence against a partner; prior breaches of an ADVO.
3. Charged with a serious offence allegedly committed while already on bail.
4. Accused experiencing homelessness; moderate charge; no fixed address.

Link it up

The Man Monis / Lindt Café siege case (2014) helped drive tougher NSW bail law. In one or two sentences, what is the trade-off lawmakers were trying to balance?

Activity 3 — Rights of suspects: gap-fill & matching

Syllabus link: 2.6 detention & interrogation, rights of suspects (Part 9 LEPRA)

Part A — Gap-fill

Fill each blank. (Word bank: 6 · 8 · charged or released · detention warrant · LEPRA · inadmissible · caution.)

After a lawful arrest, the initial investigation period is a maximum of   hours. Police can apply for a   to extend it by up to a further   hours. At the end of the period the suspect must be  . These rules are found in Part 9 of  . Before questioning, police must give the suspect a  . If police breach the rules, evidence they obtain may be ruled  .

Part B — Match the right to its purpose

Draw a line (or write the number) matching each right to the purpose it serves.
Rights
  1. Right to silence
  2. The caution
  3. Right to contact a lawyer
  4. Support person (children / vulnerable)
  5. Interpreter
  6. Electronic recording of admissions
Purposes
  • Prevents fabricated confessions ("verballing")
  • Ensures understanding where English is limited
  • You can't be forced to incriminate yourself
  • Access to legal advice; guards against oppressive questioning
  • Suspect knows anything said may be used in evidence
  • Protects those who may not understand or may be pressured

Part C — Quick apply

Name two "time-outs" that pause the 6-hour clock (and so are not counted in the investigation period):

Take it further — resources

Real, reputable sources for your own research
Rose Bay Secondary College · HSC Legal Studies · Crime — Chapter 2 activity materials · NESA Stage 6 (2009)