Lepra 2002 Case Study

Fundamental to the criminal investigation process is striking a balance between effective law enforcement and achieving justice for offenders, victims and the community. Whilst the expansion of police powers increase efficiency of this process, it simultaneously impedes on civil liberty rights of the community. Similarly, the reporting of crime, the gathering of evidence and bail have varied impacts on this precarious balance between the investigation’s process role in assisting police detain offenders and upholding the fundamental rights of the community, victims and offenders.

Whilst expansions in police powers upholds community protection, it also encroaches upon the civil liberties of individuals. Under LEPRA 2002 (NSW) police have increased accessibility to detain, question, search and seize evidence and use reasonable force, which upholds community expectation that police can effectively investigate crime. However, pursuant to Part 6A of

The prima facie principle of those charged under the Crimes Act 1900 (NSW) is that they are ‘innocent until proven guilty.’ However, the Bail Amendment Act (2014) has undermined this by reversing the presumption of innocence for many indictable offences, as well as introducing a range of ‘show cause’ offences under s16A- requiring the defendant to demonstrate why detention is not justified. Furthermore, as the provision of bail has significantly reduced and remand populations increase, this accentuates cost inefficiencies on the criminal justice system, with prison populations exceeding an unprecedented 11 000 and annual tax payers bill exceeding $1.1 billion dollars (BOSCAR, 2015.) Recent amendments to the Bail Act (1978) have undermined the accused’s right to innocence and accentuated cost burdens on the criminal justice