Question 25 (15 marks) "The legal system focuses on punishing offenders rather than preventing crime.' Assess this statement in reference to achieving justice through criminal processes and institutions. Please turn over Question 24 (15 marks) To what extent does the criminal trial process reflect the moral and ethical standards of society? Question 25 (15 marks) The following comment was made about a proposal to raise the age of criminal responsibility in New South Wales. Any reform in this area would need to be in the best interests of the community, with the safety of the community a key consideration. The Honourable MARK SPEAKMAN NSW Attorney General 21 November 2021 The Sydney Morning Herald Courtesy of Hon. Mark Speakman Assess the effectiveness of criminal law reform in balancing individual rights and community interests. In your answer, refer to the above stimulus and other examples. 2. Criminal Investigation Process - Police Powers - Law reform, discretion Law Enforcement Powers and Responsibilities) Act 2002 (NSW) ('LEPRA') - An Act to consolidate and restate the law relating to police and other law enforcement officers' powers and responsibilities; to set out the safeguards applicable in respect of persons being investigated for offences; - According to Review of Law Enforcement (Powers and Responsibilities Act) Law Society of NSW 2009 https://www.lawsociety.com.au/sites/default/files/2019-11/Review%20of%20the%20La w%20Enforcement%20%28Powers%20and%20Responsibilities%29%20Act%202002 Oct 2009.pdf
- The objectives of introducing LEPRA were to: - Strike a balance between the need for effective law enforcement and individual rights; - Assist in ensuring clarity; - Reduce the possibility of abuse of power through ignorance, and - Assist in training. EFFECTIVENESS: - Limited/sought to regulate police powers through requiring compliance with s 201 of LEPRA - When exercising police powers within s 201 (a) - (k) which includes entry of premises, seizure of property, search or arrest or search of premises police officer must provide information under s 201 (1) - This means that police officers must provide: - evidence that the police officer is a police officer (unless he or she is in uniform); - the police officer's name and place of duty; - and the reason for the exercise of the power. - REASONS FOR THE EFFECTIVENESS: Upholds rule of law and ensures that police are accountable in exercising their powers because they need to have a valid reason for the exercise of the power and it upholds the rights of the defendant so that they are aware of the police interference and how their conduct may be prohibited EVIDENCE: The obligation to comply with s201, and the implications of not complying with it as soon as reasonably practicable, were examined by Rothman J in Semaan v Poidevin [2013] NSWSC 226 Under the amended section 201, a police officer's failure to provide such details will no longer render the exercise of their power invalid. HOWEVER TO INCREASE THE EFFECTIVENESS: - According to the 2013 review by the Department of Attorney General and Justice, with the Ministry of Police- The following amendments are required - Redrafting the section in "plain