AC1.4 Examine The Rights Of Individuals In Criminal
Investigations
AC 1.4 Examine the rights of individuals in criminal investigations
Individual – definition Legislation – what does it Rights - what are they?
cover? Why was it set up?
POINT
EVIDENCE EXPLAIN
Suspect The Police and Criminal (PACE) S.24 (5) - Police must inform the person that:
A person who police Evidence Act 1984 (PACE) § They are being arrested
have reason to believe § What they are being arrested for
has committed a crime. What does it cover? § Why it is necessary to arrest them
S.24 - Describes the rights the A PC may say ‘I am arresting you for assault and prevent you injuring another person’
Start of
Police have the power police have when arresting If an officer is unable to do this, they instead caution the suspect. Which typically
investigation sounds like this ‘You do not have to say anything, but it may harm your defence if you
to: suspects
- Stop and search - The right to arrest a suspect do not mention when questioned something which you later rely on in court. Anything
suspects (drugs & without a warrant, if there are you do say may be given in evidence’
firearms) reasonable grounds to suggest the In some cases, it is impossible to caution the suspect:
- Arrest a person person is: § If the area is crowded
- Search a suspect's ▫ Committing a crime § If the area is too loud (suspect can't hear their rights)
vehicle/property ▫ Has committed a crime § Not moving the suspect immediately could cause harm
▫ About to commit a crime At the police station the suspect is assigned a custody officer, who's responsible for:
S.56 - The right to have a § Making sure the suspect is treated in accordance with the law
relative/friend informed of their § Given their legal rights
arrest. § Review the length of time they spend in police custody – Usually the suspect
S.58 - The right to consult with a is released in 24h starting from when they arrive. Indictable offences can be
solicitor authorised an extra 12h, however any more time requires approval from the
magistrates who can allow suspects up to 96 hours. After the time limit a
Why was it set up? suspect must be released or charged.
According to Gov.UK (2013) The detainee has 3 main rights when in police custody
PACE ‘sets out to strike the right 1. S.56 - The right to have a relative/friend informed of their arrest.
balance between the powers of the 2. S.58 - The right to consult with a solicitor.
police and the rights and freedoms 3. Right to consult the codes of practice
of the public’ During Whilst the suspect is in custody the police have the right to collect evidence:
investigation Physical – DNA and fingerprints can be collected from the suspect (If the suspect
It was introduced as a response to refuses force can be used)
the perception that the public no Testimonial – All detainees can be questioned (all interviews should be tape recorded
longer feel confident in the English and some places in the UK will video record)
criminal justice system, which During a police interview
§ A solicitor can be present
, AC1.4 Examine The Rights Of Individuals In Criminal
Investigations
came about because of the media § Suspects do NOT have to reply (‘no comment’ interviews) The right to silence
response to a ‘group of sensational is given to the suspect in the caution from police, however silence can lead to
cases’ (Buxton. R, 1999), which the judge commenting on the defendant's failure to mention something vital to
highlighted unacceptable police their defence. (Silence on its own is not enough for a conviction)
behaviour and ‘revealed the ‘You do not have to say anything, but it may harm your defence if you do not mention
existence of serious miscarriages when questioned something which you later rely on in court. Anything you do say may
of justice’ (IBID) be given in evidence’
In trial all suspects are seen as ‘innocent until proven guilty’ Article 6 of The Human
Rights Act 1998 states ‘Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law’, according to legislation.gov
Defendants also have the right to:
§ Know why they have been accused of a crime
In the trial
§ Have plenty of time to properly prepare for trial
§ Defend themselves
§ Free legal assistance
§ Examine witnesses
§ A free interpreter
Summary offences
The defendant can appeal the verdict (only allowed for suspects who have pled not
guilty) within 21 days of the trial and magistrates have to accept. For serious crimes,
the crown court judge and two magistrates will hear the case in the retrial. After the
retrial they choose to overthrow the verdict or lengthen the prison sentence
After trial
Indictable offences
For serious indictable offences, the defendant has the right to appeal. If the appeal is
focused around a point of law or is of particular public interest then it will be heard in a
court of appeal, then three judges will decide if they are going to alter the prison
sentence or quash the verdict.
Victim Victim’s Code or the Code of Victims must:
Someone who has had a Practice for Victims of Crime, Start of - Be able to understand and be understood
crime committed against established by the Domestic investigation - Have the details of the crime recorded without delay
them. - provided with necessary information when they report the crime
Investigations
AC 1.4 Examine the rights of individuals in criminal investigations
Individual – definition Legislation – what does it Rights - what are they?
cover? Why was it set up?
POINT
EVIDENCE EXPLAIN
Suspect The Police and Criminal (PACE) S.24 (5) - Police must inform the person that:
A person who police Evidence Act 1984 (PACE) § They are being arrested
have reason to believe § What they are being arrested for
has committed a crime. What does it cover? § Why it is necessary to arrest them
S.24 - Describes the rights the A PC may say ‘I am arresting you for assault and prevent you injuring another person’
Start of
Police have the power police have when arresting If an officer is unable to do this, they instead caution the suspect. Which typically
investigation sounds like this ‘You do not have to say anything, but it may harm your defence if you
to: suspects
- Stop and search - The right to arrest a suspect do not mention when questioned something which you later rely on in court. Anything
suspects (drugs & without a warrant, if there are you do say may be given in evidence’
firearms) reasonable grounds to suggest the In some cases, it is impossible to caution the suspect:
- Arrest a person person is: § If the area is crowded
- Search a suspect's ▫ Committing a crime § If the area is too loud (suspect can't hear their rights)
vehicle/property ▫ Has committed a crime § Not moving the suspect immediately could cause harm
▫ About to commit a crime At the police station the suspect is assigned a custody officer, who's responsible for:
S.56 - The right to have a § Making sure the suspect is treated in accordance with the law
relative/friend informed of their § Given their legal rights
arrest. § Review the length of time they spend in police custody – Usually the suspect
S.58 - The right to consult with a is released in 24h starting from when they arrive. Indictable offences can be
solicitor authorised an extra 12h, however any more time requires approval from the
magistrates who can allow suspects up to 96 hours. After the time limit a
Why was it set up? suspect must be released or charged.
According to Gov.UK (2013) The detainee has 3 main rights when in police custody
PACE ‘sets out to strike the right 1. S.56 - The right to have a relative/friend informed of their arrest.
balance between the powers of the 2. S.58 - The right to consult with a solicitor.
police and the rights and freedoms 3. Right to consult the codes of practice
of the public’ During Whilst the suspect is in custody the police have the right to collect evidence:
investigation Physical – DNA and fingerprints can be collected from the suspect (If the suspect
It was introduced as a response to refuses force can be used)
the perception that the public no Testimonial – All detainees can be questioned (all interviews should be tape recorded
longer feel confident in the English and some places in the UK will video record)
criminal justice system, which During a police interview
§ A solicitor can be present
, AC1.4 Examine The Rights Of Individuals In Criminal
Investigations
came about because of the media § Suspects do NOT have to reply (‘no comment’ interviews) The right to silence
response to a ‘group of sensational is given to the suspect in the caution from police, however silence can lead to
cases’ (Buxton. R, 1999), which the judge commenting on the defendant's failure to mention something vital to
highlighted unacceptable police their defence. (Silence on its own is not enough for a conviction)
behaviour and ‘revealed the ‘You do not have to say anything, but it may harm your defence if you do not mention
existence of serious miscarriages when questioned something which you later rely on in court. Anything you do say may
of justice’ (IBID) be given in evidence’
In trial all suspects are seen as ‘innocent until proven guilty’ Article 6 of The Human
Rights Act 1998 states ‘Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law’, according to legislation.gov
Defendants also have the right to:
§ Know why they have been accused of a crime
In the trial
§ Have plenty of time to properly prepare for trial
§ Defend themselves
§ Free legal assistance
§ Examine witnesses
§ A free interpreter
Summary offences
The defendant can appeal the verdict (only allowed for suspects who have pled not
guilty) within 21 days of the trial and magistrates have to accept. For serious crimes,
the crown court judge and two magistrates will hear the case in the retrial. After the
retrial they choose to overthrow the verdict or lengthen the prison sentence
After trial
Indictable offences
For serious indictable offences, the defendant has the right to appeal. If the appeal is
focused around a point of law or is of particular public interest then it will be heard in a
court of appeal, then three judges will decide if they are going to alter the prison
sentence or quash the verdict.
Victim Victim’s Code or the Code of Victims must:
Someone who has had a Practice for Victims of Crime, Start of - Be able to understand and be understood
crime committed against established by the Domestic investigation - Have the details of the crime recorded without delay
them. - provided with necessary information when they report the crime
