AC (3) 1.4 Practice Assessment Question
AC 1.4 Examine the Rights of Individuals in Criminal Investigations.
Firstly, the rights of suspects before arrest is that they have the right to be silent, meaning suspects
do not have to say anything when they are being searched or arrested, and anything they do say can
be used as evidence in court. Moreover, suspects are legally entitled to have a written record of the
search, including details of what was searched and seized. Lastly, suspects also have the right to ask
why and who is completing this arrest, the suspect is allowed to ask for the police's ID, name and
rank before the arrest is carried out. These rights are necessary and important, as they allow the
suspect to keep their human rights, as well as allowing the suspect to ensure the police are
conducting themselves correctly and they can report any police misconduct by name and rank. As
well as this, the suspect can question any incorrect information stated about the arrest in the report.
The organisation PACE was set up in 1984, to regulate police powers and protect public rights, this is
used for stop and search, arrest rules and the detention and interrogation of suspects. PACE states
that a police officer has the power to stop and search anyone if there are reasonable grounds or
suspicion that an offence has or is being committed.
Furthermore, the suspects rights at the police station are a right for free legal advice and this is
provided by the state. This is important as not everyone will have the chance to supply themselves
sufficient legal aid, due to money complications. Moreover, suspects have a right to a phone call, this
would normally be to a parent or a guardian if a suspect is under 18. This is extremely important if
the suspect is vulnerable and may need extra help. Suspects at the police station also have a right to
medical help, food, breaks and use of the toilet, as well as having an appropriate non-biased 'adult'
present if they are under 18 or disabled. These are all necessary rights as they are fulfilling basic
human needs. As well as this, suspects have the right to see the police codes of practice, this again is
helpful for a suspect as they can highlight any police misconduct, as well as being prepared of what
the police can say and do. Moreover, if suspects are found not guilty and not charged, they have the
right to ask for their fingerprints, photos, and DNA to be destroyed.
During police interviews, suspects also have a number of rights. They have the right to be silent and
can confer with legal advice without a police present, a suspect may be told by their solicitor or is
allowed to say 'no comment to all or specific questions. This means a suspect does not have to
answer any questions they feel too uncomfortable to answer, due to legal help. Moreover, all
interviews at a police station must be tape-recorded. This is extremely important, as before
interviews had to be recorded, police could act against the codes of practice and treat suspects
inappropriately. This was seen during the Birmingham 6 case, where the suspects were treated badly
during their interview, as well the 3 innocent boys who underwent many hours of aggressive
interrogations during the Maxwell Confait case in 1977. Both of these cases were before PACE
legislation was set up, and the police had these codes of practice. This exploitation could happen as
AC 1.4 Examine the Rights of Individuals in Criminal Investigations.
Firstly, the rights of suspects before arrest is that they have the right to be silent, meaning suspects
do not have to say anything when they are being searched or arrested, and anything they do say can
be used as evidence in court. Moreover, suspects are legally entitled to have a written record of the
search, including details of what was searched and seized. Lastly, suspects also have the right to ask
why and who is completing this arrest, the suspect is allowed to ask for the police's ID, name and
rank before the arrest is carried out. These rights are necessary and important, as they allow the
suspect to keep their human rights, as well as allowing the suspect to ensure the police are
conducting themselves correctly and they can report any police misconduct by name and rank. As
well as this, the suspect can question any incorrect information stated about the arrest in the report.
The organisation PACE was set up in 1984, to regulate police powers and protect public rights, this is
used for stop and search, arrest rules and the detention and interrogation of suspects. PACE states
that a police officer has the power to stop and search anyone if there are reasonable grounds or
suspicion that an offence has or is being committed.
Furthermore, the suspects rights at the police station are a right for free legal advice and this is
provided by the state. This is important as not everyone will have the chance to supply themselves
sufficient legal aid, due to money complications. Moreover, suspects have a right to a phone call, this
would normally be to a parent or a guardian if a suspect is under 18. This is extremely important if
the suspect is vulnerable and may need extra help. Suspects at the police station also have a right to
medical help, food, breaks and use of the toilet, as well as having an appropriate non-biased 'adult'
present if they are under 18 or disabled. These are all necessary rights as they are fulfilling basic
human needs. As well as this, suspects have the right to see the police codes of practice, this again is
helpful for a suspect as they can highlight any police misconduct, as well as being prepared of what
the police can say and do. Moreover, if suspects are found not guilty and not charged, they have the
right to ask for their fingerprints, photos, and DNA to be destroyed.
During police interviews, suspects also have a number of rights. They have the right to be silent and
can confer with legal advice without a police present, a suspect may be told by their solicitor or is
allowed to say 'no comment to all or specific questions. This means a suspect does not have to
answer any questions they feel too uncomfortable to answer, due to legal help. Moreover, all
interviews at a police station must be tape-recorded. This is extremely important, as before
interviews had to be recorded, police could act against the codes of practice and treat suspects
inappropriately. This was seen during the Birmingham 6 case, where the suspects were treated badly
during their interview, as well the 3 innocent boys who underwent many hours of aggressive
interrogations during the Maxwell Confait case in 1977. Both of these cases were before PACE
legislation was set up, and the police had these codes of practice. This exploitation could happen as
