AC1.4 Examine the rights of individuals in criminal investigations
Link to Brief
THE RIGHTS OF A SUSPECT
Police officers can arrest suspects without a warrant only if they have justified
grounds to believe that a person is committing, has committed or will commit a
crime and the arrest must be necessary.
The Rights of suspects on arrest
The suspect must be informed of their arrest, why they are being arrested and why
they must be arrested. They must also be told they ‘Have the right to say anything
but it may harm your defence in court if you do not mention when questioned
something which you may rely on later in court.’ This is an obligation stated under
Section 94. The police and criminal evidence act 1984. If they cannot be arrested for
some reason, the police must give the suspect a caution.
The police must also think that arrest is essential. They cannot carry out a search
unless the thing they are looking for is identified such as police telling a suspect that
they believe they are concealing a weapon or are in possession of illegal drugs.
Discriminatory areas such as previous convictions, race, age, and sex are not
reasonable decisions to arrest.
At the Police Station
At police station, after arrest, suspect is given to a custody officer who has
responsibility for their care and wellbeing. They note the time the suspect was
, placed under arrest, and they should be released within the next 24 hours. However,
this time in custody can increase to 36 hours if they are also suspected for an
indictable offence. Once the maximum 36 hours in custody is over, further time to
hold a suspect must be sought and approved by the magistrate’s court.
At the station, the Police collect evidence from the suspect such as DNA swabs,
fingerprints, and testimonial evidence.
The Rights of a suspect at the police station
The 3 main rights of PACE 1984 are:
S.56 PACE: A right to have someone informed (e.g make a phone call)
S.58 PACE: A right to consult a solicitor in private.
A right to consult the codes of practice.
The Suspect also has a right to remain silent until given legal advice/ legal
representation on what to do next. They must be aware that anything they do or say
can possibly incriminate them.
Interview at the police station
Anyone detained can be questioned by police. The suspect has right to remain silent,
but it may be used against them.
A suspect has a number of rights during an interview. There are safeguards to
protect suspects such as the existence of recorded interviews. Suspects also have a
right to legal aid (legal representation in all interviews), and a right to remain silent
(‘no comment’ in interviews).
Link to Brief
THE RIGHTS OF A SUSPECT
Police officers can arrest suspects without a warrant only if they have justified
grounds to believe that a person is committing, has committed or will commit a
crime and the arrest must be necessary.
The Rights of suspects on arrest
The suspect must be informed of their arrest, why they are being arrested and why
they must be arrested. They must also be told they ‘Have the right to say anything
but it may harm your defence in court if you do not mention when questioned
something which you may rely on later in court.’ This is an obligation stated under
Section 94. The police and criminal evidence act 1984. If they cannot be arrested for
some reason, the police must give the suspect a caution.
The police must also think that arrest is essential. They cannot carry out a search
unless the thing they are looking for is identified such as police telling a suspect that
they believe they are concealing a weapon or are in possession of illegal drugs.
Discriminatory areas such as previous convictions, race, age, and sex are not
reasonable decisions to arrest.
At the Police Station
At police station, after arrest, suspect is given to a custody officer who has
responsibility for their care and wellbeing. They note the time the suspect was
, placed under arrest, and they should be released within the next 24 hours. However,
this time in custody can increase to 36 hours if they are also suspected for an
indictable offence. Once the maximum 36 hours in custody is over, further time to
hold a suspect must be sought and approved by the magistrate’s court.
At the station, the Police collect evidence from the suspect such as DNA swabs,
fingerprints, and testimonial evidence.
The Rights of a suspect at the police station
The 3 main rights of PACE 1984 are:
S.56 PACE: A right to have someone informed (e.g make a phone call)
S.58 PACE: A right to consult a solicitor in private.
A right to consult the codes of practice.
The Suspect also has a right to remain silent until given legal advice/ legal
representation on what to do next. They must be aware that anything they do or say
can possibly incriminate them.
Interview at the police station
Anyone detained can be questioned by police. The suspect has right to remain silent,
but it may be used against them.
A suspect has a number of rights during an interview. There are safeguards to
protect suspects such as the existence of recorded interviews. Suspects also have a
right to legal aid (legal representation in all interviews), and a right to remain silent
(‘no comment’ in interviews).
