AC1.4
Suspect rights
The Police and Criminal Evidence Act (PACE) 1984 is a set of codes which police must follow when
dealing with suspects. It outlines powers police have in relation to arrests, treatment in custody,
searching property/seizing possessions, interview recordings, identification, and DNA sample taking.
This includes stop and search rights. When the police stop a suspect, the officer must tell the
suspect: their name and station, what they think they’ll find, the reason for the search, their legal
right to search, and that the suspect can get a record of the search (as well as explaining how they
do that). Searches must be conducted with reasonable grounds to think your carrying certain items,
such as illegal drugs or potential weapons. You can only be asked to remove outer clothing for a
search, unless taken to a private area with only same-sex police officers.
These codes also outline rights when being arrested. When arrested a suspect should be told what
they are being arrested for and why. Then they should be taken to the police station and offered a
solicitor. Police have a right to take fingerprints, photographs, and DNA swabs of suspects and to use
reasonable force if they refuse. People must be released within 24 hours of getting to a police
station unless charged, or unless authorisation is given, such as in cases of indictable offences
(serious offences that must be tried in the Crown Court). Three of the main rights for someone
arrested under PACE are: S.56 a right to have someone informed of their arrest, s.58 a right to
consult privately with a solicitor, and a right to consult the codes of practice. Suspects also have a
right to remain silent when being questioned. However, this can be used against them if they fail to
mention something they later want to use in their defence. There are also further rules when
arresting young people or those with learning disabilities, such as finding an appropriate adult to be
present during interviewing.
If tried in the magistrates’ court suspects have an automatic appeal right if they have pleaded not
guilty. Whether a suspect can appeal to the Crown Court is decided by a judge. Suspects convicted
in a crown court can appeal whether they pleaded guilty or not guilty. They must appeal within 28
days of their conviction or sentence, depending on which one they are appealing. They can only
appeal in a Crown Court if they believe a sentence or conviction was ‘unsafe’. Appeals are heard by
the Court of Appeal Criminal Division. If a suspect loses appeal, they may be able to appeal again but
they may also have to pay court costs for the appeal and sometimes may have to restart their
sentence.
An example of suspect rights not being met is with Christopher Halliwell. He was a serial killer,
arrested by a police officer called Steve Fulcher, for the kidnap of a women named Sian. However, he
wasn’t immediately taken to the police station. He told police where to find her body and when they
found it, he still wasn’t charged or taken to a police station. He hadn’t been cautioned (given a
formal notice after having confessed to an offence) or been offered a solicitor. He gave the police
the body of another woman he had killed before finally being taken to police station and offered a
lawyer. He then refused to confess at the station and used his right to silence. This allowed
Halliwell’s lawyers to later suggest that the trial shouldn’t happen as Fulcher broke PACE laws.
Witness rights
Witness rights are listed in the Witness Charter. These are not legal requirements but should be
followed where possible. These rights include a right to support. Support can come from: police,
court staff, CPS, the witness service, and lawyers. Special measures is the name for the type of
support you can receive when providing evidence, and they are decided on by the judge or
magistrates. Vulnerability and intimidation from suspects are reasons why a witness might get extra
support.
Suspect rights
The Police and Criminal Evidence Act (PACE) 1984 is a set of codes which police must follow when
dealing with suspects. It outlines powers police have in relation to arrests, treatment in custody,
searching property/seizing possessions, interview recordings, identification, and DNA sample taking.
This includes stop and search rights. When the police stop a suspect, the officer must tell the
suspect: their name and station, what they think they’ll find, the reason for the search, their legal
right to search, and that the suspect can get a record of the search (as well as explaining how they
do that). Searches must be conducted with reasonable grounds to think your carrying certain items,
such as illegal drugs or potential weapons. You can only be asked to remove outer clothing for a
search, unless taken to a private area with only same-sex police officers.
These codes also outline rights when being arrested. When arrested a suspect should be told what
they are being arrested for and why. Then they should be taken to the police station and offered a
solicitor. Police have a right to take fingerprints, photographs, and DNA swabs of suspects and to use
reasonable force if they refuse. People must be released within 24 hours of getting to a police
station unless charged, or unless authorisation is given, such as in cases of indictable offences
(serious offences that must be tried in the Crown Court). Three of the main rights for someone
arrested under PACE are: S.56 a right to have someone informed of their arrest, s.58 a right to
consult privately with a solicitor, and a right to consult the codes of practice. Suspects also have a
right to remain silent when being questioned. However, this can be used against them if they fail to
mention something they later want to use in their defence. There are also further rules when
arresting young people or those with learning disabilities, such as finding an appropriate adult to be
present during interviewing.
If tried in the magistrates’ court suspects have an automatic appeal right if they have pleaded not
guilty. Whether a suspect can appeal to the Crown Court is decided by a judge. Suspects convicted
in a crown court can appeal whether they pleaded guilty or not guilty. They must appeal within 28
days of their conviction or sentence, depending on which one they are appealing. They can only
appeal in a Crown Court if they believe a sentence or conviction was ‘unsafe’. Appeals are heard by
the Court of Appeal Criminal Division. If a suspect loses appeal, they may be able to appeal again but
they may also have to pay court costs for the appeal and sometimes may have to restart their
sentence.
An example of suspect rights not being met is with Christopher Halliwell. He was a serial killer,
arrested by a police officer called Steve Fulcher, for the kidnap of a women named Sian. However, he
wasn’t immediately taken to the police station. He told police where to find her body and when they
found it, he still wasn’t charged or taken to a police station. He hadn’t been cautioned (given a
formal notice after having confessed to an offence) or been offered a solicitor. He gave the police
the body of another woman he had killed before finally being taken to police station and offered a
lawyer. He then refused to confess at the station and used his right to silence. This allowed
Halliwell’s lawyers to later suggest that the trial shouldn’t happen as Fulcher broke PACE laws.
Witness rights
Witness rights are listed in the Witness Charter. These are not legal requirements but should be
followed where possible. These rights include a right to support. Support can come from: police,
court staff, CPS, the witness service, and lawyers. Special measures is the name for the type of
support you can receive when providing evidence, and they are decided on by the judge or
magistrates. Vulnerability and intimidation from suspects are reasons why a witness might get extra
support.
