AC1.4 - Examine the rights of individuals in criminal investigations
Rights of a suspect at time of arrest
● A police officer can arrest a suspect, without the need for a warrant. They can do this
as long as they have ‘reasonable grounds’ to believe that a person is committing, has
committed or is about to commit an offence and, importantly, that an arrest is
necessary.
● A police officer must inform a person that they are being arrested and what are they
being arrested for.
● An example of this would be: ‘I am arresting you for assault and to prevent you
causing injury to any other person’.
● This police power comes from Section 24, The police and Criminal Evidence Act
1984 (PACE) as amended by the Serious organised crime and Police Act 2005
(SOCAPA).
At the police station
● At the police station the suspect is handed over to the custody officer who makes
sure that the person is treated in accordance with the law and is given their legal
rights.
● The custody officer will also review the length of detention, to make sure that time
limits are compiled with correctly.
● Generally a person must be released within 24 hours of being arrested unless it is an
indictable offence, which is a more serious crime.
Three Main Rights
- Free legal advice by consulting a solicitor
- Have someone told of your arrest and where they are being held
- See the rules the police must follow with a written notice regarding their rights.
Laws surrounding arrest
● S.56 PACE: A right to have someone informed of their arrest.
● S 58. PACE A right to consult privately with a solicitor.
Police station interview
● Anyone who has been kept at a police station may be questioned by the police.
● Suspects have certains rights when being interviewed: all interviews must be tape
recorded
● In some areas of the UK police stations have the facility of Police video record
interviews.
● Detainees are also entitled to have a solicitor present during the interview.
The right to silence
, ● Suspects do not have to give any form of reply, these are often known as ‘no
comment’ interviews.
● When suspects are being cautioned they are given this right:‘you do not have to say
anything. But it may harm your defence if you do not mention when questioned
something which you may later rely on in court. Anything you do say may be given in
evidence’ .
● This means that a suspect cannot be forced to speak, they can still remain silent. At
Trial a judge can comment on the defendant's failure to mention anything during the
interview, which can then be used as evidence against them in court.
Rights To Information
● The police have the right to take photographs of you as well as fingerprints and DNA
● This information is stored in the police database
● You can ask the police to remove this information from the database if an offence no
longer exists or if anything in the police process was unlawful
Rights of appeal
- Rights vary depending on two factors - the type of court the offender was tried in and
whether they are appealing against the sentence or the conviction
- In a magistrates court, you can automatically appeal your conviction if you pleaded
not guilty, and against your sentence
- In the Crown Court there is no automatic right of appeal - the judge decides
Case Example - Parker v Chief Constable of Essex Police
- Mr Lubbock was found unconscious in the swimming pool at the home of entertainer
Michael Parker in 2001, and was later pronounced dead. Nobody was prosecuted at
the time in relation to the death.
- Essex Police started a full review of all available evidence in 2006. This led to the
arrest of Mr Parker and two others in the spring of 2007, on suspicion of offences
relating to the death.
- Mr Parker was arrested and questioned, and in due course released. No charges
were ever brought against him. He issued a claim for substantial damages for
wrongful arrest and false imprisonment.
- He alleged that the arrest destroyed his career.
- It was ruled Essex Police did have reasonable grounds to suspect Mr Parker of the
offence. Therefore, Mr Parker was entitled to nominal damages only.
Case Example - Tariq Stanley
- He was arrested for obstructing a drugs search, despite their being no reasonable
grounds for a search initially
Rights of a suspect at time of arrest
● A police officer can arrest a suspect, without the need for a warrant. They can do this
as long as they have ‘reasonable grounds’ to believe that a person is committing, has
committed or is about to commit an offence and, importantly, that an arrest is
necessary.
● A police officer must inform a person that they are being arrested and what are they
being arrested for.
● An example of this would be: ‘I am arresting you for assault and to prevent you
causing injury to any other person’.
● This police power comes from Section 24, The police and Criminal Evidence Act
1984 (PACE) as amended by the Serious organised crime and Police Act 2005
(SOCAPA).
At the police station
● At the police station the suspect is handed over to the custody officer who makes
sure that the person is treated in accordance with the law and is given their legal
rights.
● The custody officer will also review the length of detention, to make sure that time
limits are compiled with correctly.
● Generally a person must be released within 24 hours of being arrested unless it is an
indictable offence, which is a more serious crime.
Three Main Rights
- Free legal advice by consulting a solicitor
- Have someone told of your arrest and where they are being held
- See the rules the police must follow with a written notice regarding their rights.
Laws surrounding arrest
● S.56 PACE: A right to have someone informed of their arrest.
● S 58. PACE A right to consult privately with a solicitor.
Police station interview
● Anyone who has been kept at a police station may be questioned by the police.
● Suspects have certains rights when being interviewed: all interviews must be tape
recorded
● In some areas of the UK police stations have the facility of Police video record
interviews.
● Detainees are also entitled to have a solicitor present during the interview.
The right to silence
, ● Suspects do not have to give any form of reply, these are often known as ‘no
comment’ interviews.
● When suspects are being cautioned they are given this right:‘you do not have to say
anything. But it may harm your defence if you do not mention when questioned
something which you may later rely on in court. Anything you do say may be given in
evidence’ .
● This means that a suspect cannot be forced to speak, they can still remain silent. At
Trial a judge can comment on the defendant's failure to mention anything during the
interview, which can then be used as evidence against them in court.
Rights To Information
● The police have the right to take photographs of you as well as fingerprints and DNA
● This information is stored in the police database
● You can ask the police to remove this information from the database if an offence no
longer exists or if anything in the police process was unlawful
Rights of appeal
- Rights vary depending on two factors - the type of court the offender was tried in and
whether they are appealing against the sentence or the conviction
- In a magistrates court, you can automatically appeal your conviction if you pleaded
not guilty, and against your sentence
- In the Crown Court there is no automatic right of appeal - the judge decides
Case Example - Parker v Chief Constable of Essex Police
- Mr Lubbock was found unconscious in the swimming pool at the home of entertainer
Michael Parker in 2001, and was later pronounced dead. Nobody was prosecuted at
the time in relation to the death.
- Essex Police started a full review of all available evidence in 2006. This led to the
arrest of Mr Parker and two others in the spring of 2007, on suspicion of offences
relating to the death.
- Mr Parker was arrested and questioned, and in due course released. No charges
were ever brought against him. He issued a claim for substantial damages for
wrongful arrest and false imprisonment.
- He alleged that the arrest destroyed his career.
- It was ruled Essex Police did have reasonable grounds to suspect Mr Parker of the
offence. Therefore, Mr Parker was entitled to nominal damages only.
Case Example - Tariq Stanley
- He was arrested for obstructing a drugs search, despite their being no reasonable
grounds for a search initially
