AC1.4
Examine the rights of individuals in criminal
investigations
RIGHTS OF SUSPECTS
• The rights of suspects come from 3 legislations: PACE, Human Rights Act 1998 – right
to Fair Trial, Criminal Appeal Act 1968
Rights in custody:
While in custody, the suspect has rights under the PACE Act: these are: right to have
someone informed of your arrest, right to silence, right to consult privately with a solicitor,
right to consult codes of practice
The custody officer at the police station must explain to you your rights. These include:
getting free legal advice, telling someone where you are, get medical help if unwell, see the
code of practice (the rules police must follow), have your rights explained to you.
You will also be searched and your possessions will be kept by the custody officer while you
are in the cell
The police can hold you for up to 24 hours before they are required to charge you or release
you. – but if you are suspected of a serious crime they can apply to hold you for another 36-
96 hours (murder etc). – if you are arrested under The Terrorism Act, you can be held
without charge for up to 14 days
Right of young people under 18/ vulnerable adults:
The police must attempt to contact your parent, guardian, carer if you are under 18 or a
vulnerable adult
They must also find an ‘appropriate adult’ to come to the station to help you and be present
during questioning and searching. – this can be your parent, a social worker, other family
member (over 18) or a volunteer.
Rights when being questioned
The police may question you about the suspected crime and may record you. The police
must read out your rights to you in the police 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’
Release/ bail
, The police can release you on police bail if there’s not enough evidence to charge you, but
you may be required to return to the station for further questioning if asked to do so
Conditional bail is when your freedom will be restricted in a slight way (for example having a
curfew). - You may be released on conditional bail if the police charge you and they think
you may: commit another offence, fail to turn up to court, intimidate other witnesses or
obstruct the course of justice.
Information the police have the right to obtain:
The police have the right to obtain photos of you, fingerprints, DNA samples and the right to
swab skin surface of your hands and arms
The police will need your permission and the authority of a senior officer to take samples
like blood, urine or dental impressions – this does not apply in connection to drink or drug
driving
This information is stored in a police database. You have the right to have your personal info
removed if the offence no longer exists and the police process was unlawful.
Legal advice rights:
After arrest, and before questioning, the police must tell you about your right free legal
advice while questioned at the station. – you can ask the police for their ‘duty solicitor’ (who
is independent of the police and available 24 hours), tell police you would like the free
advice and ask police to contact a solicitor.
If you have asked for legal advice, the police cannot question you until you have it. The
longest you can wait before getting legal advice is 366 hours after arrival (or 48hours for
suspected terrorism)
Appeal against conviction/ sentence:
The Human Rights Act 1998 Article 6 is the right to a fair trial, and states that everyone is
entitled to a fair and public hearing within a reasonable time by an independent and
impartial tribunal established by law.
Your right to appeal depends on crime you have been charged with. If you plea not guilty,
you may appeal your conviction or sentence. If you plea guilty you may only appeal your
sentence. Appeals are heard by a crown court judge and 2-4 magistrates. The appeal against
a conviction will be a complete rehearing of the whole case (so evidence not put before
magistrates may be adduced at the appeal). An appeal against sentence is a hearing of
sentencing process only.
A conviction may be changed from guilty or not guilty, and your sentence may be reduced
RIGHTS OF VICTIMS
Examine the rights of individuals in criminal
investigations
RIGHTS OF SUSPECTS
• The rights of suspects come from 3 legislations: PACE, Human Rights Act 1998 – right
to Fair Trial, Criminal Appeal Act 1968
Rights in custody:
While in custody, the suspect has rights under the PACE Act: these are: right to have
someone informed of your arrest, right to silence, right to consult privately with a solicitor,
right to consult codes of practice
The custody officer at the police station must explain to you your rights. These include:
getting free legal advice, telling someone where you are, get medical help if unwell, see the
code of practice (the rules police must follow), have your rights explained to you.
You will also be searched and your possessions will be kept by the custody officer while you
are in the cell
The police can hold you for up to 24 hours before they are required to charge you or release
you. – but if you are suspected of a serious crime they can apply to hold you for another 36-
96 hours (murder etc). – if you are arrested under The Terrorism Act, you can be held
without charge for up to 14 days
Right of young people under 18/ vulnerable adults:
The police must attempt to contact your parent, guardian, carer if you are under 18 or a
vulnerable adult
They must also find an ‘appropriate adult’ to come to the station to help you and be present
during questioning and searching. – this can be your parent, a social worker, other family
member (over 18) or a volunteer.
Rights when being questioned
The police may question you about the suspected crime and may record you. The police
must read out your rights to you in the police 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’
Release/ bail
, The police can release you on police bail if there’s not enough evidence to charge you, but
you may be required to return to the station for further questioning if asked to do so
Conditional bail is when your freedom will be restricted in a slight way (for example having a
curfew). - You may be released on conditional bail if the police charge you and they think
you may: commit another offence, fail to turn up to court, intimidate other witnesses or
obstruct the course of justice.
Information the police have the right to obtain:
The police have the right to obtain photos of you, fingerprints, DNA samples and the right to
swab skin surface of your hands and arms
The police will need your permission and the authority of a senior officer to take samples
like blood, urine or dental impressions – this does not apply in connection to drink or drug
driving
This information is stored in a police database. You have the right to have your personal info
removed if the offence no longer exists and the police process was unlawful.
Legal advice rights:
After arrest, and before questioning, the police must tell you about your right free legal
advice while questioned at the station. – you can ask the police for their ‘duty solicitor’ (who
is independent of the police and available 24 hours), tell police you would like the free
advice and ask police to contact a solicitor.
If you have asked for legal advice, the police cannot question you until you have it. The
longest you can wait before getting legal advice is 366 hours after arrival (or 48hours for
suspected terrorism)
Appeal against conviction/ sentence:
The Human Rights Act 1998 Article 6 is the right to a fair trial, and states that everyone is
entitled to a fair and public hearing within a reasonable time by an independent and
impartial tribunal established by law.
Your right to appeal depends on crime you have been charged with. If you plea not guilty,
you may appeal your conviction or sentence. If you plea guilty you may only appeal your
sentence. Appeals are heard by a crown court judge and 2-4 magistrates. The appeal against
a conviction will be a complete rehearing of the whole case (so evidence not put before
magistrates may be adduced at the appeal). An appeal against sentence is a hearing of
sentencing process only.
A conviction may be changed from guilty or not guilty, and your sentence may be reduced
RIGHTS OF VICTIMS
