Cases including Taste misuse and Derby V Director of Public Prosecutions shows the importance of evaluating legal guidelines that have enabled the accused to achieve Justice and media reports including Taste Misuse and fine issuing evokes criticism as well as compliments. This report will delineate how the current system balance the need for Justice with the rights of criticism by exploring current cases, media reports and the legislations as well as the powers involved.
Police have the powers to investigate crimes, make arrests if necessary, interrogate suspects and gather evidence against the accused that are powers included under he Law Enforcement (Powers and Responsibilities) Act 2002 (NEWS). The Law Enforcement legislation enables police to prevent crimes that may cause harm to an individual or society at large with respect to the rights of a suspect. In the case of Derby V Director of Public Prosecutions  NCAA 431, it demonstrates how sniffle dogs working with police can violate one’s right and the extent of police’s powers.
Mr. Derby appealed to the local court that was then taken to the high court claiming for an unlawful search in which only police officers are entitled to search ND that the dog is incapable of making Judgment therefore two out of three Judge from the Court of Appeal found that Rocks (the sniffle dog) action constituted an unlawful search. The accused that remains as innocent throughout the trial, results to a Just outcome as his side is assess and review for the final verdict. The Evidence Act 1995 (NEWS) permits police officers to gather, search and seize for evidence.
In the media report ‘Criminal DNA tests being checked in NEWS’ illustrates the negative outcome for an accused when DNA testing process is at fault. In early 2008, a man as issued with a nine-month suspended sentence for break and enters before realizing the DNA evidence collected at a crime scene was a human error. Critically, the sentence has wrongly taken an innocent man’s time from which the system was into development of improving the gathering of Evidence by the introduction of technologies to ensure that Justice is achieved in criminal trial.
Enforcement of Powers can address a controversial and reviewing of the current Law Enforcement (Powers and Responsibility) Act 2002 (NEWS). The non-existence of guidelines of reasonable force enforced by police was exemplified through the Brazilian student ease. Police used tasters inappropriately eighty-times which resulted him in a cause of death. Improvement of reasonable force is currently raised with reports of fourth six recommendations about how police should use their tasters.
Cases like this show the need of improvement of reasonable force to prevent a tragic death. Justice is achievable with reference of the Australian legal system in which the case of Mary final verdict. Mr. Potter conjured a fantasy of sex intercourse with Ms Butler’s young sister where she struck him with a piece of granite at least 30 times and stabbed him n the throat. Her charge with manslaughter was dropped after examining her provocation of suffering from sexual assault at an earlier age by the Mr. Potter and a victim of heroin addict.
Having provocation as a source to prove one’s circumstances as demonstrated my Ms Butler, she was able to reach Justice due to the impact of suffering she succumbed. Criticism of the current law system provokes the change in which the Attorney General has found injustice of public nuisance penalties. According to the media report ‘ Swear if you dare, but be careful where they might hear you’ list the price of analogies involved with public nuisance which range from $100 to over $220 disregarding the offender’s background.
The Attorney General criticized the current system of penalties as being “unfair” in which statistically, are from low socio- economic backgrounds including homeless people, people with mental health impairment, the indigenous people and Juvenile groups. As a result, the government are introducing a fairer system with a new ‘set of guidelines for penalties’ involve that police officers must be bound to. Reviewing the current issue of the system enhances n effective procedure that will be able to prosecute and resolve the matter in society.
In conclusion, police powers have certain rights to which they must obliged to however specific areas of ‘reasonable force’ is complicated as there are currently no limitations to it. Criticisms of police powers have led to suggestions of improving the legal system to accommodate the rights of individuals. Although the suggestions and plans for a Just system are in process, there are options/alternatives that the accused may rely on to prove his/her version which accentuates the importance of achieving Justice in our current system.