AC 1.4 Writing Frames
Rights of Suspects:
A suspect is the individual that is believed to have an involvement in a certain
criminal offence. Rights of suspects are laid out in the Police and Criminal
Evidence Act 1984 (PACE) and cover the rights a suspect has at point of arrest, at
the police station, once charged, on appeal and their more general personal
rights.
Firstly, a suspect can only be arrested if the police believe to have ‘reasonable
grounds’ to think that they are guilty of being in any way involved in a criminal
offence. This is stated under section 24 of PACE and can be performed without a
warrant from court. During the arrest, under section 28 of PACE, the suspect has
the right to the following information from the officer arresting them: their
name/ID/station, the reason for arrest and why they are suspecting them of this
crime. Furthermore, the police officer will state the police caution to the suspect
on arrest. This informs the suspect of their right to remain silent (‘you do not
have to say anything’) but states that anything they fail to mention can be used
against them in court and anything they choose to say can be used as evidence.
Once a suspect arrives at the police station, they will be taken under the
responsibility of a custody officer. This officer will ensure that the suspect is
made aware of their rights and that they can utilise them. These rights include:
the right to legal representation and advice, the right to have someone informed
of their arrest, the discretionary right to use a telephone, the right to decent
conditions and the right to consult the Codes of Practice. The Codes of Practice
outline the rights of a suspect so that they can make sure that these are being
properly upheld. On top of this, suspects under 18 or those that class as
vulnerable adults will need an ‘appropriate adult’ such as a parent, friend or
carer to be present at the police station during searches and questioning and to
assist them.
While at the police station, suspects will also undergo questioning. During this
process, suspects have the right to silence, as stated in the police caution. This
means that suspects can choose to not answer questions, but this will be taken
into consideration when the case is tried in court. Suspects also have the right to
access free legal advice to support them during the questioning. Furthermore,
while at the station police will collect DNA samples from the suspect to add to
the database, such as saliva, and they will also take fingerprint impressions. The
police do not need permission for this.
Suspects can only be held in custody for up to 24 hours. After that point, the
police must either charge or release the suspect. With permission from a senior
officer, police can extend this time by 12 hours. However, if it is an indictable
offence such as murder, police can hold suspects for a further 36 hours and they
can apply to the Magistrates’ court to order a detention of 96 hours. On top of
this, for terrorism cases suspects can be held for 14 days under the Terrorism
Act.
Once suspects reach the court, they must enter a plea of either guilty or not
guilty. If they plea not guilty, they will have a trial in either the Magistrates or
Crown courts, depending on the severity of the case. In a Magistrates Court, if
the suspect is found guilty but pleaded not guilty, they have an automatic right
Rights of Suspects:
A suspect is the individual that is believed to have an involvement in a certain
criminal offence. Rights of suspects are laid out in the Police and Criminal
Evidence Act 1984 (PACE) and cover the rights a suspect has at point of arrest, at
the police station, once charged, on appeal and their more general personal
rights.
Firstly, a suspect can only be arrested if the police believe to have ‘reasonable
grounds’ to think that they are guilty of being in any way involved in a criminal
offence. This is stated under section 24 of PACE and can be performed without a
warrant from court. During the arrest, under section 28 of PACE, the suspect has
the right to the following information from the officer arresting them: their
name/ID/station, the reason for arrest and why they are suspecting them of this
crime. Furthermore, the police officer will state the police caution to the suspect
on arrest. This informs the suspect of their right to remain silent (‘you do not
have to say anything’) but states that anything they fail to mention can be used
against them in court and anything they choose to say can be used as evidence.
Once a suspect arrives at the police station, they will be taken under the
responsibility of a custody officer. This officer will ensure that the suspect is
made aware of their rights and that they can utilise them. These rights include:
the right to legal representation and advice, the right to have someone informed
of their arrest, the discretionary right to use a telephone, the right to decent
conditions and the right to consult the Codes of Practice. The Codes of Practice
outline the rights of a suspect so that they can make sure that these are being
properly upheld. On top of this, suspects under 18 or those that class as
vulnerable adults will need an ‘appropriate adult’ such as a parent, friend or
carer to be present at the police station during searches and questioning and to
assist them.
While at the police station, suspects will also undergo questioning. During this
process, suspects have the right to silence, as stated in the police caution. This
means that suspects can choose to not answer questions, but this will be taken
into consideration when the case is tried in court. Suspects also have the right to
access free legal advice to support them during the questioning. Furthermore,
while at the station police will collect DNA samples from the suspect to add to
the database, such as saliva, and they will also take fingerprint impressions. The
police do not need permission for this.
Suspects can only be held in custody for up to 24 hours. After that point, the
police must either charge or release the suspect. With permission from a senior
officer, police can extend this time by 12 hours. However, if it is an indictable
offence such as murder, police can hold suspects for a further 36 hours and they
can apply to the Magistrates’ court to order a detention of 96 hours. On top of
this, for terrorism cases suspects can be held for 14 days under the Terrorism
Act.
Once suspects reach the court, they must enter a plea of either guilty or not
guilty. If they plea not guilty, they will have a trial in either the Magistrates or
Crown courts, depending on the severity of the case. In a Magistrates Court, if
the suspect is found guilty but pleaded not guilty, they have an automatic right
