AC1.4: Examine the rights of
individuals in criminal investigations
The rights of suspects
● An officer has the right to stop you and ask you to account for your actions, your
reasons for being in a certain place or about your possession of a particular item
● ‘Stop & search’
Police have 19 different powers to stop & search - e.g. drugs, firearms, stolen goods,
etc. Also have powers to search premises and vehicles
● Police power of arrest
Under Section 24 of the Police and Criminal Evidence Act 1984, police can arrest
you as a suspect without a court warrant, if;
○ Been involved in a crime
○ Suspect you’ve committed an offence
○ Have reasonable grounds for believing arrest is
necessary
● If someone is arrested, they must be taken to the police station. Will be handed over
to the custody officer who is responsible for their care.
Individual will be searched and place in a cell, possession will be looked after by the
custody officer
● At the police station
Custody officer will explain their rights to;
○ Get legal advice
○ Have someone told of the arrest
○ See the rules that the police must follow
● For under 18’s or vulnerable adults, police must contact parent/guardian or carer and
must also find an ‘appropriate adult’ to be present when they are to be questioned as
a suspect
Rights when being questioned
1. The right to remain silent
Suspects don’t have to answer any of the questions, but there could be
consequences if they don’t. Police explain this is their caution:
‘You do not have to say anything. But it may harm your defence if you do not
mention something which you later rely on in court. Anything you do say may be
given in evidence.’
All interviews are recorded and many forces use video interviews
2. The right to legal advice
Suspects have right to free legal advice and to have solicitor present during any
interview
Police must inform suspect that this is an option before an interview takes place
Normally, police can’t question a suspect until they have had legal advice, if
requested; however in serious cases, can take up to 36 hours, and 48 hours for
terrorism offences
, 3. Fingerprints, photographs and samples
Police have the right to take photographs of suspects, can also take fingerprints and
DNA samples
They don’t need the suspects permissions and can take these using force if
necessary
If blood or urine samples are needed, then the police do need permission, also need
permission from a senior police officer, except in the case of drink or drug driving
offences
4. The right to information
Information from fingerprints and samples are stored on the Police Database, a
suspect can ask for this information to be removed once an offence no longer exists
or if anything in the police process was unlawful - e.g, how a suspect was arrested
5. The rights of appeal
If a suspect is convicted they have certain rights of appeal, which vary depending on
two factors
- The type of court
Magistrates’ or Crown Court
- Whether they’re appealing against the conviction or the sentence
● Magistrates' court: automatic appeal against the conviction (not guilty plea) against
sentence
● Crown court: judge will decide whether to allow it
How long can the police hold a suspect?
- Can be held for 24 hours, after that they have to charged or released
- For serious crimes, can be held for 36 hours and after this police can detain them for
96 hours (4 days) with the approval from a magistrate
- Terrorism offences, suspect can be held for up to 14 days without charge
Police bail
● Bail involves temporary release of a suspect, which happens when there isn’t enough
evidence to make a charge
● On condition that they return to the station for further questioning when required
● Conditional bail may happen after a charge has been made, suspect is released
with certain restrictions
E.g. Curfew
● Police may do this is they think that the suspect may offend again or fail to turn up at
court
Police powers: ‘Stop & search’
1. Main facts and figures (ONS published March 2020)
● Between April 2018 and March 2019, there were 375,588 stop and searches in
England and Wales (excluding vehicle searches) there were 7 stop and searches for
every 1,000 people, down from 25 per 1,000 people between April 2009 and March
2010 stop and search rates have fallen for every ethnic group, but at different rates
individuals in criminal investigations
The rights of suspects
● An officer has the right to stop you and ask you to account for your actions, your
reasons for being in a certain place or about your possession of a particular item
● ‘Stop & search’
Police have 19 different powers to stop & search - e.g. drugs, firearms, stolen goods,
etc. Also have powers to search premises and vehicles
● Police power of arrest
Under Section 24 of the Police and Criminal Evidence Act 1984, police can arrest
you as a suspect without a court warrant, if;
○ Been involved in a crime
○ Suspect you’ve committed an offence
○ Have reasonable grounds for believing arrest is
necessary
● If someone is arrested, they must be taken to the police station. Will be handed over
to the custody officer who is responsible for their care.
Individual will be searched and place in a cell, possession will be looked after by the
custody officer
● At the police station
Custody officer will explain their rights to;
○ Get legal advice
○ Have someone told of the arrest
○ See the rules that the police must follow
● For under 18’s or vulnerable adults, police must contact parent/guardian or carer and
must also find an ‘appropriate adult’ to be present when they are to be questioned as
a suspect
Rights when being questioned
1. The right to remain silent
Suspects don’t have to answer any of the questions, but there could be
consequences if they don’t. Police explain this is their caution:
‘You do not have to say anything. But it may harm your defence if you do not
mention something which you later rely on in court. Anything you do say may be
given in evidence.’
All interviews are recorded and many forces use video interviews
2. The right to legal advice
Suspects have right to free legal advice and to have solicitor present during any
interview
Police must inform suspect that this is an option before an interview takes place
Normally, police can’t question a suspect until they have had legal advice, if
requested; however in serious cases, can take up to 36 hours, and 48 hours for
terrorism offences
, 3. Fingerprints, photographs and samples
Police have the right to take photographs of suspects, can also take fingerprints and
DNA samples
They don’t need the suspects permissions and can take these using force if
necessary
If blood or urine samples are needed, then the police do need permission, also need
permission from a senior police officer, except in the case of drink or drug driving
offences
4. The right to information
Information from fingerprints and samples are stored on the Police Database, a
suspect can ask for this information to be removed once an offence no longer exists
or if anything in the police process was unlawful - e.g, how a suspect was arrested
5. The rights of appeal
If a suspect is convicted they have certain rights of appeal, which vary depending on
two factors
- The type of court
Magistrates’ or Crown Court
- Whether they’re appealing against the conviction or the sentence
● Magistrates' court: automatic appeal against the conviction (not guilty plea) against
sentence
● Crown court: judge will decide whether to allow it
How long can the police hold a suspect?
- Can be held for 24 hours, after that they have to charged or released
- For serious crimes, can be held for 36 hours and after this police can detain them for
96 hours (4 days) with the approval from a magistrate
- Terrorism offences, suspect can be held for up to 14 days without charge
Police bail
● Bail involves temporary release of a suspect, which happens when there isn’t enough
evidence to make a charge
● On condition that they return to the station for further questioning when required
● Conditional bail may happen after a charge has been made, suspect is released
with certain restrictions
E.g. Curfew
● Police may do this is they think that the suspect may offend again or fail to turn up at
court
Police powers: ‘Stop & search’
1. Main facts and figures (ONS published March 2020)
● Between April 2018 and March 2019, there were 375,588 stop and searches in
England and Wales (excluding vehicle searches) there were 7 stop and searches for
every 1,000 people, down from 25 per 1,000 people between April 2009 and March
2010 stop and search rates have fallen for every ethnic group, but at different rates
