Unit 3 AC1.4 Notes
AC1.4 RIGHTS OF INDIVIDUALS
The Police this can be a brief introduction
To answer this question, you need to know what will happen to individual. The processes that the
police will follow, therefore make notes on the following:
• What are they allowed to do
• Which laws give them those rights
RIGHTS OF THE SUSPECT
Notes
Legislations can be embedded within the relevant point
When being Section 24 of Police and Criminal Evidence Act of 1984 – Police may lawfully
arrested arrest someone as a suspect without a warrant from court IF:
• Been involved/attempted to be involved/suspected of being involved in
committing an offence and
• Officer has reasonable grounds for believing the arrest is necessary
Officer must tell you that you’re being arrested, what you’re being arrested for
and why it’s necessary. Can use reasonable force if necessary
After arriving at • Custody officer (officer ranked sergeant or above) is responsible for the
the police care of arrestees.
station • Searched and held in cell – possessions looked after by custody officer
(custody)
• Custody officer explains rights to:
o Free legal advice by consulting a solicitor
o Tell someone about your arrest and where you are being held
o See the rules governing police and see a written notice of your
rights
• If under 18 or a vulnerable adult, police must contact parent/carer, and
find an ‘appropriate adult’ to come to station to help u during searching
and questioning.
During the • Questioning about crime your suspected of.
interview • You have a right to silence but there may be consequences is questions
unanswered
o ‘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 do or say may be given in as
evidence.’
• If case goes on trial and you use something you failed to tell police, your
earlier silence can be used as part of the case against you.
• However, silence is not proof of guilt in itself – must have other evidence
for a conviction
• All interviews are tape recorded; some forces also video the interviews.
• Police have right to take fingerprints, photographs and DNA samples
, Unit 3 AC1.4 Notes
• Right to (free) legal advice including right to have a solicitor present
during questioning to represent and advise you. You must be told about
your right to legal advice before questioning. If you ask for legal advice,
police cannot question you until you have it.
• In serious cases, police can make you wait for up to 36 hours for legal
advice (48 for terrorist offences. )... A further 96 hours (4 days) if
approved by magistrate.
• You have right to request for fingerprints and samples to be removed
from police database, if offence no longer exists and case is closed
During the trial • The right to be presumed innocent until proven guilty
• Right to know why you're being prosecuted, a right to a free interpreter
in court if you cannot understand the language being used
• The right to defend yourself, and the right to legal aid i you can't afford
legal representation
• Right not to say anything that may incriminate you
• Right to be in court
Right of Appeal If convicted of an offence, you have certain rights to appeal. Rights vary on...:
− The type of court – magistrates' court or Crown court
− Whether you appeal against the conviction (Saying you're innocent) or
the sentence (Accept guilt but believe sentence is unfair)
• If tried in magistrates’ court: You can automatically appeal against
conviction if you didn't plead guilty, and against your sentence.
• If tried in Crown court: No automatic right of appeal. Meaning a judge
will decide whether you can appeal anything or not.
Case study The Birmingham Six Case: (1975)
- Pub bombings killed 21 people
- Six men convicted in 1975 for the bombings
- 1991 appeal quashed after revealing coerced confessions
• Right to fair trial
- Denied fair trial as confessions were forced under duress, violating
their right to a fair process
• Right to legal representation
- Not properly represented during initial questioning
- Rights to competent legal defences were compromised
• Protection from torture and ill-treatment
- Subjected to physical and psychological abuse during police
interrogation
• Right to remain silent
- Coerced into speaking / giving a confession
- Later found as false, inadmissible and invalid
RIGHTS OF THE VICTIM
AC1.4 RIGHTS OF INDIVIDUALS
The Police this can be a brief introduction
To answer this question, you need to know what will happen to individual. The processes that the
police will follow, therefore make notes on the following:
• What are they allowed to do
• Which laws give them those rights
RIGHTS OF THE SUSPECT
Notes
Legislations can be embedded within the relevant point
When being Section 24 of Police and Criminal Evidence Act of 1984 – Police may lawfully
arrested arrest someone as a suspect without a warrant from court IF:
• Been involved/attempted to be involved/suspected of being involved in
committing an offence and
• Officer has reasonable grounds for believing the arrest is necessary
Officer must tell you that you’re being arrested, what you’re being arrested for
and why it’s necessary. Can use reasonable force if necessary
After arriving at • Custody officer (officer ranked sergeant or above) is responsible for the
the police care of arrestees.
station • Searched and held in cell – possessions looked after by custody officer
(custody)
• Custody officer explains rights to:
o Free legal advice by consulting a solicitor
o Tell someone about your arrest and where you are being held
o See the rules governing police and see a written notice of your
rights
• If under 18 or a vulnerable adult, police must contact parent/carer, and
find an ‘appropriate adult’ to come to station to help u during searching
and questioning.
During the • Questioning about crime your suspected of.
interview • You have a right to silence but there may be consequences is questions
unanswered
o ‘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 do or say may be given in as
evidence.’
• If case goes on trial and you use something you failed to tell police, your
earlier silence can be used as part of the case against you.
• However, silence is not proof of guilt in itself – must have other evidence
for a conviction
• All interviews are tape recorded; some forces also video the interviews.
• Police have right to take fingerprints, photographs and DNA samples
, Unit 3 AC1.4 Notes
• Right to (free) legal advice including right to have a solicitor present
during questioning to represent and advise you. You must be told about
your right to legal advice before questioning. If you ask for legal advice,
police cannot question you until you have it.
• In serious cases, police can make you wait for up to 36 hours for legal
advice (48 for terrorist offences. )... A further 96 hours (4 days) if
approved by magistrate.
• You have right to request for fingerprints and samples to be removed
from police database, if offence no longer exists and case is closed
During the trial • The right to be presumed innocent until proven guilty
• Right to know why you're being prosecuted, a right to a free interpreter
in court if you cannot understand the language being used
• The right to defend yourself, and the right to legal aid i you can't afford
legal representation
• Right not to say anything that may incriminate you
• Right to be in court
Right of Appeal If convicted of an offence, you have certain rights to appeal. Rights vary on...:
− The type of court – magistrates' court or Crown court
− Whether you appeal against the conviction (Saying you're innocent) or
the sentence (Accept guilt but believe sentence is unfair)
• If tried in magistrates’ court: You can automatically appeal against
conviction if you didn't plead guilty, and against your sentence.
• If tried in Crown court: No automatic right of appeal. Meaning a judge
will decide whether you can appeal anything or not.
Case study The Birmingham Six Case: (1975)
- Pub bombings killed 21 people
- Six men convicted in 1975 for the bombings
- 1991 appeal quashed after revealing coerced confessions
• Right to fair trial
- Denied fair trial as confessions were forced under duress, violating
their right to a fair process
• Right to legal representation
- Not properly represented during initial questioning
- Rights to competent legal defences were compromised
• Protection from torture and ill-treatment
- Subjected to physical and psychological abuse during police
interrogation
• Right to remain silent
- Coerced into speaking / giving a confession
- Later found as false, inadmissible and invalid
RIGHTS OF THE VICTIM
