Unit 3 AC1.4- Examine the rights of individuals in criminal
investigations
● 30 minutes total (6 marks)
● The rights of individuals (suspects, victims and witnesses) must be clearly examined from
investigation to appeal
● Use legislation
Suspects
Refer to arrest, questioning, bail, court and appeal:
● PACE: The Police and Criminal Evidence Act 1984- this act oversees the major part of police powers of
investigation, police should consider the Codes when carrying out procedures- this attempts to ensure
that people (eg: suspects) are treated equally and fairly throughout the entire process of an
investigation
1. Arrest
○ People are encouraged to keep calm, cooperate and be aware of their rights when being
arrested- this makes the experience easier and prevents people from committing a further
offence
○ British Law means police must: identify themselves as police, tell the suspect they are being
arrested and for what crime, explain why it’s necessary to arrest them and that they are not free
to leave
○ Police can use “reasonable force” if suspects become violent or try to escape, they can also
search suspects during arrest- actions police take must be proportionate and not excessive, eg:
pepper spray or handcuffs
○ At the police station, people have three main rights:
i. Consult a solicitor
ii. Notify someone of their arrest
iii. Consult a copy of the codes of practice
○ Police can hold a suspect in a cell without charge for 24 hours, if they get an extension, the max.
is 96 hours, 28 days in terrorism cases
○ Upon arrest, police have the right to take evidence such as fingerprints, DNA samples and
photographs
2. Questioning
○ At the police station, the Custody Officer must explain the three main rights (^)
○ While being questioned, suspects have the right to have their solicitor present
○ Suspects aged 16 or under and those deemed mentally vulnerable can have an additional
person with them
○ While being questioned, solicitors provide advice and support to the suspect
○ People have the right to silence: this means arrestees can remain silent or refuse to answer
questions, however, they may be questioned if they rely on something in court that was not
previously mentioned
○ Arrestees also have the right to legal advice: everyone has access to free legal advice at all
times, they can also ask for legal advice if initially had turned it down
○ Although police have the right to take fingerprints, DNA samples and photographs, they need the
suspects permission and authority of a senior officer to take blood/urine samples and dental
impressions
investigations
● 30 minutes total (6 marks)
● The rights of individuals (suspects, victims and witnesses) must be clearly examined from
investigation to appeal
● Use legislation
Suspects
Refer to arrest, questioning, bail, court and appeal:
● PACE: The Police and Criminal Evidence Act 1984- this act oversees the major part of police powers of
investigation, police should consider the Codes when carrying out procedures- this attempts to ensure
that people (eg: suspects) are treated equally and fairly throughout the entire process of an
investigation
1. Arrest
○ People are encouraged to keep calm, cooperate and be aware of their rights when being
arrested- this makes the experience easier and prevents people from committing a further
offence
○ British Law means police must: identify themselves as police, tell the suspect they are being
arrested and for what crime, explain why it’s necessary to arrest them and that they are not free
to leave
○ Police can use “reasonable force” if suspects become violent or try to escape, they can also
search suspects during arrest- actions police take must be proportionate and not excessive, eg:
pepper spray or handcuffs
○ At the police station, people have three main rights:
i. Consult a solicitor
ii. Notify someone of their arrest
iii. Consult a copy of the codes of practice
○ Police can hold a suspect in a cell without charge for 24 hours, if they get an extension, the max.
is 96 hours, 28 days in terrorism cases
○ Upon arrest, police have the right to take evidence such as fingerprints, DNA samples and
photographs
2. Questioning
○ At the police station, the Custody Officer must explain the three main rights (^)
○ While being questioned, suspects have the right to have their solicitor present
○ Suspects aged 16 or under and those deemed mentally vulnerable can have an additional
person with them
○ While being questioned, solicitors provide advice and support to the suspect
○ People have the right to silence: this means arrestees can remain silent or refuse to answer
questions, however, they may be questioned if they rely on something in court that was not
previously mentioned
○ Arrestees also have the right to legal advice: everyone has access to free legal advice at all
times, they can also ask for legal advice if initially had turned it down
○ Although police have the right to take fingerprints, DNA samples and photographs, they need the
suspects permission and authority of a senior officer to take blood/urine samples and dental
impressions
