AC 1.4 Examine the rights of individuals in criminal
investigations
6 MARKS = 29 MINUTES
- Suspects, victims and witnesses, include appeals
The three types of individuals in a criminal investigation are suspects, victims, witnesses.
Each of them have certain rights from the processes from arrest to appeal.
Suspect:
Rights of suspect during Stop and Search/Account:
Covered under Code A of the Police and Criminal Evidence Act 1984, stop and account
refers to when a police officer stops a member of the public to question them about their
actions or presence. Suspects are allowed to refuse questioning, this is not enough for
police to detain them. Stop and search of a suspect is only usually allowed under reasonable
grounds - meaning that there is enough reason to believe the suspect is carrying an illegal
item, stop and search without reasonable grounds is only allowed with the approval of a
senior officer if there's a heightened risk of serious violence in a specific area.
Rights of suspect during Arrest:
An arrest is the apprehension of a suspect, this must be conducted on ‘reasonable grounds’.
Under Code G of the Police and Criminal Evidence Act 1984, upon arrest police must
identify themselves, state the reason for your arrest and must say the standard police
caution, reasonable force may be used if deemed necessary. However, the Police and
Criminal Evidence Act 1984 acknowledges that it's not always easy for an officer to do the
things mentioned above, for example when a suspect is swinging a knife at the officer.
Rights of suspect during detention and questioning:
Upon detention, Code C of the Police and Criminal Evidence Act 1984 covers the rights a
suspect has when held in custody, they are allowed to call someone to inform about their
current location, the right to medical help if injured, they have the right to consult legal
advice, privately at any time. Additionally, there is a time limit for how long police can hold
you for questioning, the standard amount of time is 24 hours before they have to charge you
or release you, however they can apply to the magistrates court to extend the time to 36 or
96 hours if you are suspected of a serious crime like murder. Also,you are allowed to be held
for 14 days if you have been arrested under the Terrorism Act. The routine samples taken
when you are detained are photographs, fingerprints and DNA, permission is usually
required to take blood, urine or dental impressions, the exception being drink/drug driving
cases because they require evidence of alcohol or drugs in the system to prosecute in court.
Rights of suspect in charging and court rights:
When a suspect is being charged it means they are being formally accused of a crime,
police decide on charges based on the advice of the Crown Prosecution Service, suspect is
possible to be released on bail at this time. Defendants are able to plead guilty or not guilty
and they have a right to silence. If the defendant is found guilty they will then be sentenced,
if the suspect is found not guilty (acquitted), the defendant is free.
Rights of suspect to appeal:
Appeal refers to the request of a higher court to review the decision of the court. If you are
charged in the magistrates court, you must appeal within 15 days of the sentencing, this will
investigations
6 MARKS = 29 MINUTES
- Suspects, victims and witnesses, include appeals
The three types of individuals in a criminal investigation are suspects, victims, witnesses.
Each of them have certain rights from the processes from arrest to appeal.
Suspect:
Rights of suspect during Stop and Search/Account:
Covered under Code A of the Police and Criminal Evidence Act 1984, stop and account
refers to when a police officer stops a member of the public to question them about their
actions or presence. Suspects are allowed to refuse questioning, this is not enough for
police to detain them. Stop and search of a suspect is only usually allowed under reasonable
grounds - meaning that there is enough reason to believe the suspect is carrying an illegal
item, stop and search without reasonable grounds is only allowed with the approval of a
senior officer if there's a heightened risk of serious violence in a specific area.
Rights of suspect during Arrest:
An arrest is the apprehension of a suspect, this must be conducted on ‘reasonable grounds’.
Under Code G of the Police and Criminal Evidence Act 1984, upon arrest police must
identify themselves, state the reason for your arrest and must say the standard police
caution, reasonable force may be used if deemed necessary. However, the Police and
Criminal Evidence Act 1984 acknowledges that it's not always easy for an officer to do the
things mentioned above, for example when a suspect is swinging a knife at the officer.
Rights of suspect during detention and questioning:
Upon detention, Code C of the Police and Criminal Evidence Act 1984 covers the rights a
suspect has when held in custody, they are allowed to call someone to inform about their
current location, the right to medical help if injured, they have the right to consult legal
advice, privately at any time. Additionally, there is a time limit for how long police can hold
you for questioning, the standard amount of time is 24 hours before they have to charge you
or release you, however they can apply to the magistrates court to extend the time to 36 or
96 hours if you are suspected of a serious crime like murder. Also,you are allowed to be held
for 14 days if you have been arrested under the Terrorism Act. The routine samples taken
when you are detained are photographs, fingerprints and DNA, permission is usually
required to take blood, urine or dental impressions, the exception being drink/drug driving
cases because they require evidence of alcohol or drugs in the system to prosecute in court.
Rights of suspect in charging and court rights:
When a suspect is being charged it means they are being formally accused of a crime,
police decide on charges based on the advice of the Crown Prosecution Service, suspect is
possible to be released on bail at this time. Defendants are able to plead guilty or not guilty
and they have a right to silence. If the defendant is found guilty they will then be sentenced,
if the suspect is found not guilty (acquitted), the defendant is free.
Rights of suspect to appeal:
Appeal refers to the request of a higher court to review the decision of the court. If you are
charged in the magistrates court, you must appeal within 15 days of the sentencing, this will
