Criminology task 4
Individuals participating in criminal investigations have certain rights, which are outlined in Section
24 of the Police and Criminal Evidence Act (PACE) of 1984. This section of the act describes the
police's rights in relation to suspects when investigating a crime, including the right to arrest people
without a warrant if: there are reasonable grounds, the person has committed a crime, is currently
committing a crime, or is about to commit a crime; and the person has committed a crime, is
currently committing a crime, or is about to commit a crime. S. 24 develops further since it must also
be essential to make an arrest under S.24 (5). The suspect has the right to be notified that they are
being arrested, as well as why, and to be explained why the arrest is essential at this first stage of
arrest.
To guarantee a suspect's rights are protected, the police may remark to them when arresting them,
"I am detaining you for assault and to prevent you from inflicting damage to any other person."
Unless it is impracticable, the police must give a caution to the suspect, which is generally "You do
not have to say anything." However, failing to reveal something when questioned that you later rely
on in court may jeopardise your defence. Anything you say might be used as evidence.' While these
rights and cautions are given to everyone who is arrested, there may be circumstances that make
cautioning the suspect impossible, such as if the area is very crowded and loud and the suspect
would not be able to hear their rights, or if keeping the suspect there increases the risk of harm.
A suspect is turned over to a custody officer at the police station, who ensures he is handled
according to the law and is informed of his legal rights. Also, the period of custody should be
reviewed to verify that the arrest adheres to the required time restrictions. The length of detention
varies depending on the sort of offence committed. For all offences, the default time is 24 hours,
after which the offender must be either freed or prosecuted. For indictable offences, an offender can
be kept for 36 hours until the superintendent decides whether to prosecute or release the suspect. A
96-hour hold can be granted for the most serious offences, but only with the consent of a
magistrate's court. In the scenario, Yasmin was held in custody after being taken to the police station
and interviewed. The first right under S. 56 is the right to have someone notify them of their arrest.
Following that, under PACE Section 58, suspects have the right to confer with a solicitor in private.
Finally, they have the right to refer to the code of conduct.
There are other rights associated with evidence collecting that are designated as police rights. While
arrested at the police station, the authorities have the authority to gather evidence from the
suspect, including both physical and testimonial evidence. In terms of physical evidence, fingerprints
and DNA can be acquired from the suspect, if required with reasonable force. In terms of testimonial
evidence, everyone imprisoned at a police station may be questioned, and all interviews must be
filmed owing to rights and protections.
Suspects have rights during police interrogation as well, with one of the most important being the
right to have a counsel present. Suspects' rights are also announced during the caution given to
them after they are arrested, such as 'you do not have to say anything,' which is connected to the
right to quiet, also known as no comment. The defendant's omission to say something during
interviews that they subsequently want to utilise in court, on the other hand, might be used against
them. If a defendant decides to exercise his right to stay silent, silence is insufficient for a conviction
on its own, and the prosecutor must provide other evidence to show guilt beyond a reasonable
doubt. Yasmin is seen in the scenario claiming that her boyfriend was out all night at a club on the
weekend and got his injuries from a (drunk) fight, which was an attempt to prove her innocence.
However, she was still sentenced to prison.
Individuals participating in criminal investigations have certain rights, which are outlined in Section
24 of the Police and Criminal Evidence Act (PACE) of 1984. This section of the act describes the
police's rights in relation to suspects when investigating a crime, including the right to arrest people
without a warrant if: there are reasonable grounds, the person has committed a crime, is currently
committing a crime, or is about to commit a crime; and the person has committed a crime, is
currently committing a crime, or is about to commit a crime. S. 24 develops further since it must also
be essential to make an arrest under S.24 (5). The suspect has the right to be notified that they are
being arrested, as well as why, and to be explained why the arrest is essential at this first stage of
arrest.
To guarantee a suspect's rights are protected, the police may remark to them when arresting them,
"I am detaining you for assault and to prevent you from inflicting damage to any other person."
Unless it is impracticable, the police must give a caution to the suspect, which is generally "You do
not have to say anything." However, failing to reveal something when questioned that you later rely
on in court may jeopardise your defence. Anything you say might be used as evidence.' While these
rights and cautions are given to everyone who is arrested, there may be circumstances that make
cautioning the suspect impossible, such as if the area is very crowded and loud and the suspect
would not be able to hear their rights, or if keeping the suspect there increases the risk of harm.
A suspect is turned over to a custody officer at the police station, who ensures he is handled
according to the law and is informed of his legal rights. Also, the period of custody should be
reviewed to verify that the arrest adheres to the required time restrictions. The length of detention
varies depending on the sort of offence committed. For all offences, the default time is 24 hours,
after which the offender must be either freed or prosecuted. For indictable offences, an offender can
be kept for 36 hours until the superintendent decides whether to prosecute or release the suspect. A
96-hour hold can be granted for the most serious offences, but only with the consent of a
magistrate's court. In the scenario, Yasmin was held in custody after being taken to the police station
and interviewed. The first right under S. 56 is the right to have someone notify them of their arrest.
Following that, under PACE Section 58, suspects have the right to confer with a solicitor in private.
Finally, they have the right to refer to the code of conduct.
There are other rights associated with evidence collecting that are designated as police rights. While
arrested at the police station, the authorities have the authority to gather evidence from the
suspect, including both physical and testimonial evidence. In terms of physical evidence, fingerprints
and DNA can be acquired from the suspect, if required with reasonable force. In terms of testimonial
evidence, everyone imprisoned at a police station may be questioned, and all interviews must be
filmed owing to rights and protections.
Suspects have rights during police interrogation as well, with one of the most important being the
right to have a counsel present. Suspects' rights are also announced during the caution given to
them after they are arrested, such as 'you do not have to say anything,' which is connected to the
right to quiet, also known as no comment. The defendant's omission to say something during
interviews that they subsequently want to utilise in court, on the other hand, might be used against
them. If a defendant decides to exercise his right to stay silent, silence is insufficient for a conviction
on its own, and the prosecutor must provide other evidence to show guilt beyond a reasonable
doubt. Yasmin is seen in the scenario claiming that her boyfriend was out all night at a club on the
weekend and got his injuries from a (drunk) fight, which was an attempt to prove her innocence.
However, she was still sentenced to prison.
