AC 1.4
Suspects
● The rights of individuals
○ involved in criminal investigations
■ contained within the Police and criminal evidence act (PACE) 1984,
under S. 24.
● describes the rights the police have when investigating a crime
○ in relation to suspects
■ includes the right to arrest people without a
warrant if:
○ there are reasonable grounds :
■ the person has committed a crime
■ is currently committing a crime
■ or is about to commit a crime.
● S. 24 further develops, as it also has to be necessary to make
an arrest under S.24 (5).
○ initial point of arrest
■ the suspect has the right to be informed that
they are being arrested
● as well as
○ why, and explain why the arrest
is necessary.
● Example :
○ what the police may say to a suspect when arresting them
■ ensure their rights are upheld
● along the lines of
○ ‘I am arresting you for assault and to prevent you from
causing injury to any other person’.
■ Unless it is impossible to do so
● the police must issue the suspect with a caution
○ ‘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 say may be given in evidence’
● Whilst these rights and cautions are given to everyone
arrested,
○ may be circumstances which may make it impossible to
caution the suspect
■ such as
● if the area is very crowded and loud and
the suspect would not be able to hear
their rights
● if by keeping the suspect there it
increases the risk of harm.
, ● At the police station
○ a suspect is handed over to a custody officer
■ ensures he is treated according to the law and is given his legal rights.
● review the length of detention
○ ensure the arrest follows the appropriate time limits
● Different time limits for detention depend on the type of offence
committed
○ 24 hours is the default time for all offences
● the offender must either be released or charged.
○ For indictable offences,
■ an offender can be held for 36 hours
● a decision must be made by the
superintendent on whether to charge or
release the suspect.
○ For the most serious offences,
■ a 96 hour hold can be permitted
● permission must be gained from a
magistrates court.
● In addition
○ the right to be detained for the right amount of time
■ suspects have three other main rights under PACE
● The first right comes under S. 56
○ the right to have someone informed of their arrest
■ suspects have the right to consult in private with
a solicitor under S. 58 of PACE
● they have the right to consult the code of
practice.
● There are also rights included in the collection of evidence
○ which are classified as police rights.
■ The police have the right to collect evidence from the suspect whilst
detained at the police station
● including both physical and testimonial evidence
■ physical evidence,
● fingerprints
● DNA
○ can be collected from the suspect
■ with reasonable force if necessary.
■ testimonial evidence,
● anyone detained at a police station may be questioned
○ due to rights and safeguards;
■ all interviews must be taped.
● Suspects
○ have rights during police interviews
■ with a key right being the right to have a solicitor present during such
interviews.
Suspects
● The rights of individuals
○ involved in criminal investigations
■ contained within the Police and criminal evidence act (PACE) 1984,
under S. 24.
● describes the rights the police have when investigating a crime
○ in relation to suspects
■ includes the right to arrest people without a
warrant if:
○ there are reasonable grounds :
■ the person has committed a crime
■ is currently committing a crime
■ or is about to commit a crime.
● S. 24 further develops, as it also has to be necessary to make
an arrest under S.24 (5).
○ initial point of arrest
■ the suspect has the right to be informed that
they are being arrested
● as well as
○ why, and explain why the arrest
is necessary.
● Example :
○ what the police may say to a suspect when arresting them
■ ensure their rights are upheld
● along the lines of
○ ‘I am arresting you for assault and to prevent you from
causing injury to any other person’.
■ Unless it is impossible to do so
● the police must issue the suspect with a caution
○ ‘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 say may be given in evidence’
● Whilst these rights and cautions are given to everyone
arrested,
○ may be circumstances which may make it impossible to
caution the suspect
■ such as
● if the area is very crowded and loud and
the suspect would not be able to hear
their rights
● if by keeping the suspect there it
increases the risk of harm.
, ● At the police station
○ a suspect is handed over to a custody officer
■ ensures he is treated according to the law and is given his legal rights.
● review the length of detention
○ ensure the arrest follows the appropriate time limits
● Different time limits for detention depend on the type of offence
committed
○ 24 hours is the default time for all offences
● the offender must either be released or charged.
○ For indictable offences,
■ an offender can be held for 36 hours
● a decision must be made by the
superintendent on whether to charge or
release the suspect.
○ For the most serious offences,
■ a 96 hour hold can be permitted
● permission must be gained from a
magistrates court.
● In addition
○ the right to be detained for the right amount of time
■ suspects have three other main rights under PACE
● The first right comes under S. 56
○ the right to have someone informed of their arrest
■ suspects have the right to consult in private with
a solicitor under S. 58 of PACE
● they have the right to consult the code of
practice.
● There are also rights included in the collection of evidence
○ which are classified as police rights.
■ The police have the right to collect evidence from the suspect whilst
detained at the police station
● including both physical and testimonial evidence
■ physical evidence,
● fingerprints
● DNA
○ can be collected from the suspect
■ with reasonable force if necessary.
■ testimonial evidence,
● anyone detained at a police station may be questioned
○ due to rights and safeguards;
■ all interviews must be taped.
● Suspects
○ have rights during police interviews
■ with a key right being the right to have a solicitor present during such
interviews.
