The use of discretion in achieving justice in the criminal investigation process PDF

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Evaluation of the use of discretion in achieving justice in the criminal investigation process. 600 words - short - high school analysis...

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Evaluate the use of discretion in achieving justice in the criminal investigation process, you MUST refer to police powers and bail / remand. The use of discretion is crucial in achieving justice in the criminal investigation process, specifically the use of police powers in regards to their authority in the process of bail and remand. Police are afforded substantial discretion in how they use their powers to investigate crime and arrest offenders; these powers are outlined in LEPRA in an attempt to protect the community. However, such powers can conflict with the rights of individuals or be misused. Police discretion can be extremely effective in achieving justice in the criminal investigation process as it allows for police to balance their resources to achieve optimum efficiency by filtering people whom they believe to be ‘good citizens' out of the system. A case study displaying the efficient use of police discretion is shown in submission 79 by the Redfern Legal Centre. In this case discretion was used in their ability to allocate resources accordingly. In this case, a ‘high-risk offender’ was closely monitored by police, outside of the mandated times (a police power afforded through LEPRA) utilising their ability of discretion, producing the safest results for the community by taking extra precaution and ensuring that this particular criminal investigation process ultimately achieved justice. Discretion within court is also utilized to improve the achievement of justice in the criminal investigation process with the implementation of Bail Act 2013 (NSW), this act ) increased the probability of the courts refusing bail to a defendant accused of a non-minor offence by 0.8 percentage points, achieving justice through keeping more ‘high-risk’ citizens from potentially causing more harm to the community by placing them on remand. Discretion is a vital pillar in the sentencing process, permitting judges to decide what sentence to charge the offender, with the different types of sentences they can charge someone of within their legal rights listed in ‘The Crimes (Sentencing Procedure) Act 1999’. The utilization of discretion in the police force in achieving justice in the criminal investigation process can be very easily abused and misused. Discretion can be an open invitation for cronyism. The case of Anya Bradford undoubtedly portrays the police's abuse of their powers and discretion. In this case officer Follington unlawfully arrested Anya Bradford for looking ‘suspicious’. This is a clear violation of the police powers granted by LEPRA, this misuse of discretion is a common occurrence creating cronyism where police officials abuse the power dynamic, creating injustice within the criminal investigation process as arrest should always be a last-resort as stated by the ICCPR. The courts introduction of the Bail Act 2013 is subject to wide criticism in its achievement of justice as it involved the removal of the presumption of innocence and general right to liberty from s3 of the Act and putting it in the Preamble where it has no legal force. This may cause injustice within the criminal investigation process as maintaining the presumption of innocence, the safety of the community and the effectiveness of the criminal law is crucial in maintaining fairness. The government has offered no consideration to the already existing checks and balances, which would be allowing both the defence and prosecution to have bail decisions reviewed by a higher court, further allowing for possible injustice in the criminal process To conclude, discretion plays an important role in achieving justice in the criminal investigation process as it enables the courts to implement sentencing policies that reflect the severity of the offense allowing for optimum efficiency in achieving justice while also being a flawed system often allowing for injustice in many cases as shown in the cases above corroborating this statement.

Bibliography

● Australian Bureau of Statistics 2018, Did the 2013 Bail Act increase the risk of bail refusal?, cat. no. 544,

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ABS, NSW, viewed 14 November 2021, . Australian Law Reform Commission - Reform Journal n.d., viewed 13 November 2021, . Australian Law Reform Commision 2018, Improving police practices and procedures, Australian Government, viewed 14 November 2021, . Cornish, R 2021, Police officer Mark Follington jailed over assault of Anya Bradford in Liverpool pub, viewed 15 November 2021, . Dymond, A 2019, Towards a socio-technical understanding of discretion: a case study of Taser and police use of force, viewed 15 November 2021, . Legal studies: crime Assess the role of discretion in achieving justice within the criminal justice system. 2019, TSFX, viewed 15 November 2021, . NSW Legislation 2021, Bail Act 2013 No 26, NSW Government, viewed 12 November 2021, . Rule of Law Institute of Australia 2017, Bail Laws in NSW, viewed 15 November 2021,

Sentas, V & McMahon, R 2014, Changes to Police Powers of Arrest in New South Wales, pdf, viewed 15 November 2021, . Wortley, R 2003, Measuring Police Attitudes Towards Discretion, pdf, viewed 16 November 2021, ....