Unit 3: AC.1.4 Examine the rights of individuals in criminal investigations 6 marks
Rights when arrested:
In order for a suspect to be arrested, there needs to be reasonable grounds to suspect
there is involvement in a crime and an arrest is necessary, however police do have the
powers of Stop and account- Where a police officer has the right to ask you to account for
your actions, your presence in a public place, and your possession of a particular item. And
Stop and Search- the police have many different powers of stop and search (such as for
drugs, stolen goods, and firearms). They can also search vehicles, premises and due to
section 24 of the Police and Criminal Evidence Act 1984 and can lawfully arrest you as a
suspect, without a warrant from a court. When the suspect is being arrested the police,
officer must tell you you’re being arrested, why, and must read out their rights: “You do not
have to say anything, but it may harm your defence if you do not mention when questioned
something which you later rely on in court. Anything you may say or do may be given as
evidence.” In custody at a police station a suspect will be handed over to a custody officer,
searched and held in a cell. They are entitled to free legal advice, medical help, telling
someone where they are, see a written notice of their rights and the ‘codes of practice’ the
police must follow, and an interpreter or written note in their language. As soon as the
suspect asks for a lawyer/attorney, the police cannot question them until their advisor is
present. If the suspect is under 18 years old, the police must find an appropriate adult
(parent/guardian) to be present during the questioning. The suspect also has the right to be
safeguarded against any false statements or confessions created by the police during
questioning by using voice and camera recordings, and the right to remain silent and say ‘no
comment’ during questioning. The police have the right to take photographs, fingerprints,
DNA samples and swabs from you without permission, but they do need your permission to
take blood/urine samples. This information is stored on the police database and you can ask
for this to be removed within some circumstances such as unlawful detainment or of the
offence doesn’t exist anymore. The police can hold you in custody for up to 24 hours (except
for indictable offences when they can hold you for 36 hours) after which they have to charge
or release you. The police can also release you on bail if there isn’t enough evidence to
charge you; or on conditional bail where they may charge you and release you with certain
restrictions, which they are likely to do if they think you will commit another offence, fail to
turn up at court, intimidate witness or obstruct the court of justice. If convicted of an offence
you have rights of appeal (that depend on the type of court, and whether you are appealing
against conviction or sentence). If tried by the magistrates court you can automatically
appeal against your conviction (if you didn’t plead guilty) and sentence, whereas if you were
tried by the Crown Court, you have no automatic right of appeal and a judge will decide
whether or not to allow it.
Rights of Victims:
When a victim reports a crime, they have the right to a written conformation that the crime
was reported, a crime reference number, and contact details of the police officer that was
dealing with their case. The police must also tell the victim what happens next, inform them
how often updates will take place, assess the victim to see if any help is needed, as well as
let victim support know they need to contact the victim within 2 days. During an investigation,
the police must inform the victim within 5 days about: whether the suspect is
arrested/charged, set free/on bail, or if they gave a caution, reprimand, final warning, or
penalty notice. If the CPS decide the case should be dropped, the victim must be informed
within 5 days. Victims also have the right to privacy, the police normally ask the victims
permission first before giving information to the media to help with their investigation;
however, if the victim was a victim of rape or sexual assault it is against the law to publish
their name, picture or information that could identify them. After the trial has ended, the
Rights when arrested:
In order for a suspect to be arrested, there needs to be reasonable grounds to suspect
there is involvement in a crime and an arrest is necessary, however police do have the
powers of Stop and account- Where a police officer has the right to ask you to account for
your actions, your presence in a public place, and your possession of a particular item. And
Stop and Search- the police have many different powers of stop and search (such as for
drugs, stolen goods, and firearms). They can also search vehicles, premises and due to
section 24 of the Police and Criminal Evidence Act 1984 and can lawfully arrest you as a
suspect, without a warrant from a court. When the suspect is being arrested the police,
officer must tell you you’re being arrested, why, and must read out their rights: “You do not
have to say anything, but it may harm your defence if you do not mention when questioned
something which you later rely on in court. Anything you may say or do may be given as
evidence.” In custody at a police station a suspect will be handed over to a custody officer,
searched and held in a cell. They are entitled to free legal advice, medical help, telling
someone where they are, see a written notice of their rights and the ‘codes of practice’ the
police must follow, and an interpreter or written note in their language. As soon as the
suspect asks for a lawyer/attorney, the police cannot question them until their advisor is
present. If the suspect is under 18 years old, the police must find an appropriate adult
(parent/guardian) to be present during the questioning. The suspect also has the right to be
safeguarded against any false statements or confessions created by the police during
questioning by using voice and camera recordings, and the right to remain silent and say ‘no
comment’ during questioning. The police have the right to take photographs, fingerprints,
DNA samples and swabs from you without permission, but they do need your permission to
take blood/urine samples. This information is stored on the police database and you can ask
for this to be removed within some circumstances such as unlawful detainment or of the
offence doesn’t exist anymore. The police can hold you in custody for up to 24 hours (except
for indictable offences when they can hold you for 36 hours) after which they have to charge
or release you. The police can also release you on bail if there isn’t enough evidence to
charge you; or on conditional bail where they may charge you and release you with certain
restrictions, which they are likely to do if they think you will commit another offence, fail to
turn up at court, intimidate witness or obstruct the court of justice. If convicted of an offence
you have rights of appeal (that depend on the type of court, and whether you are appealing
against conviction or sentence). If tried by the magistrates court you can automatically
appeal against your conviction (if you didn’t plead guilty) and sentence, whereas if you were
tried by the Crown Court, you have no automatic right of appeal and a judge will decide
whether or not to allow it.
Rights of Victims:
When a victim reports a crime, they have the right to a written conformation that the crime
was reported, a crime reference number, and contact details of the police officer that was
dealing with their case. The police must also tell the victim what happens next, inform them
how often updates will take place, assess the victim to see if any help is needed, as well as
let victim support know they need to contact the victim within 2 days. During an investigation,
the police must inform the victim within 5 days about: whether the suspect is
arrested/charged, set free/on bail, or if they gave a caution, reprimand, final warning, or
penalty notice. If the CPS decide the case should be dropped, the victim must be informed
within 5 days. Victims also have the right to privacy, the police normally ask the victims
permission first before giving information to the media to help with their investigation;
however, if the victim was a victim of rape or sexual assault it is against the law to publish
their name, picture or information that could identify them. After the trial has ended, the
