AC 1.4: Examine The rights of individuals in criminal investigations
Police Powers
The primary responsibility of the police force is to protect the public by detecting and preventing crime.
This duty is based on common law, and the police have both common law and legislative authority to
carry it out. Police powers must be used in accordance with human rights and equalities legislation.
Individually, police officers are responsible for ensuring that their use of authority is lawful,
proportionate, and necessary. Police powers are classified into three types:
- Crime investigating powers: a variety of powers to collect evidence to identify suspects and
support their fair and effective trial.
- Preventive powers: a variety of powers to maintain public order, prevent anti-social behaviour,
and manage known offenders.
- Criminal case 'disposal' powers: allow police officers to settle criminal cases outside of court or
charge suspects so they can be prosecuted.
Rights of suspects
To ARREST a suspect, there must be reasonable grounds to believe that the suspect was involved in the
specific crime. When a suspect is arrested, the police must read their rights to them: 'You do not have to
say anything, but it may harm your defence if you do not mention something when questioned that you
later rely on in court.' Anything you say could be used as evidence.' PACE code C, the caution is required
whenever a suspect is questioned under caution or arrested, to ensure they understand their rights. It
protects the suspect’s right to silence while also warning that silence may have consequences if they
later rely on something in court that they did not mention during questioning. The phrase “Anything you
say may be used as evidence” ensures suspects are aware that their words can be presented in court.
During QUESTIONING, a suspect is entitled to free legal advice, medical assistance, the ability to tell
someone where they are, a written notice of their rights, and an interpreter or written notice in their native
language. As soon as the suspect asks for a lawyer or attorney, the police cannot question them until
their advisor is present. If the suspect is under the age of 18, the police must find an appropriate adult,
such as a parent or guardian, to accompany him or her during questioning. The suspect also has the right
to be protected from any false statements or confessions made by police during questioning through the
use of voice and camera recordings (Code E and F). Furthermore, the suspect has the right to request
that their information be removed from the police database in certain circumstances, such as unlawful
detention or if the offence no longer exists.
When a suspect is DETAINED, their rights are protected under PACE Code C. A suspect can normally be
held for up to 24 hours without charge, extended to 36 hours for serious offences, and up to 96 hours with
judicial approval. During detention, they must be provided with food, rest, and access to medical
treatment if required. They also have the right to inform someone of their whereabouts and to consult a
solicitor free of charge. A senior custody officer is responsible for reviewing the detention regularly to
ensure it remains lawful and necessary. These safeguards balance the investigative needs of the police
with the suspect’s human rights, preventing unlawful or oppressive detention.
,Although PACE Codes do not apply directly during TRIAL, they continue to shape proceedings by
determining whether evidence is admissible. For example, if police fail to caution a suspect under Code
C, any confession may be excluded at trial. Similarly, unlawful arrest under Code G can undermine the
prosecution’s case. At trial, suspects’ rights are instead protected by the Criminal Procedure Rules and
the Human Rights Act 1998, which guarantee the presumption of innocence, legal representation, and a
fair hearing. Therefore, PACE influences trial indirectly by safeguarding fairness through the exclusion of
improperly obtained evidence.
Although PACE Codes do not apply directly during APPEAL, suspects retain important rights under
appellate law and the Human Rights Act 1998. A convicted person has the right to appeal against
conviction or sentence if they believe there has been a miscarriage of justice. The Court of Appeal can
quash unsafe convictions, order retrials, or reduce sentences. Appeals ensure that errors made during
investigation or trial (including breaches of PACE) can be corrected. For example, if evidence was
admitted at trial despite being obtained unlawfully under PACE, this could form grounds for appeal. In
this way, PACE continues to have an indirect influence, as its safeguards can be revisited during
appellate review to protect fairness and uphold justice.
Right of Victim
The Victims’ Code is a statutory framework that guarantees victims of crime 12 key rights, including the right to
understand and be understood, to receive timely updates, and to access support services. These rights apply across
all stages of the criminal justice process.
ARREST: When a victim reports a crime, they are protected under the Victims’ Code. They have the right to have
details of the crime recorded without unjustified delay (Right 2), which means they must receive written
confirmation that the crime was reported, a crime reference number, and the contact information for the police
officer handling their case. Victims also have the right to be provided with information when reporting a crime
(Right 5), so the police must explain what will happen next, how frequently updates will be provided, and assess
whether the victim requires any assistance. In addition, the police must notify victim support services within two
days, fulfilling the right to be referred to support services (Right 4)
During the investigation, victims have the right to be provided with updates on the investigation (Right 6) which
requires police to inform them within 5 days whether the suspect has been arrested or charged, released or bailed,
or given a caution, reprimand, final warning, or penalty notice. If the police or CPS decide to drop the case, victims
must also be informed within 5 days. Finally, victims of rape or sexual assault are protected by the right to be
understood (Right 1) and the right to be protected from unnecessary contact with the suspect (Right 3), which
includes safeguarding their identity — their name, picture, or personal information must not be published.
QUESTIONING: When a victim reports a crime, they have a right to make a victim personal statement (Right 7),
this is a formal document where a crime victim can describe in their words how a crime has affected them physically,
emotionally, psychologically or financially. During an interview, victims have the right to an interpreter if needed
(Right 1: To be able to understand and be understood). They also have the right to request to bring a person of their
choice to the interview. In addition, the police must notify victim support services within two days, fulfilling the right
to be referred to support services (Right 4)
DETAINED: Victims have the right to be provided with updates on the investigation (Right 6) which requires police
to inform them within 5 days whether the suspect has been arrested or charged, released or bailed, or given a
caution, reprimand, final warning, or penalty notice. If the police or CPS decide to drop the case, victims must also
be informed within 5 days.
,TRIAL: During trial victims have a right to be given information about the trial, trial process and your role as
a witness (Right 8) If the case goes to court, they have the Right to be told the time, date and location of any
hearing and the outcome of those hearings in a timely way. If they are required to give evidence, they have the Right
to be offered appropriate help before the trial and, where possible, if the court allows, to meet with the prosecutor
before giving evidence. To continue the victim has a right to be given information about the outcome of the
case and any appeals they have the right to be told the outcome of the case and, if the defendant is convicted, to
be explained the sentence. If the offender appeals against their conviction or sentence, they have the Right to be told
about the appeal and its outcome.
APPEAL: After the trial, the Witness Care Officer must inform the victim within 24 hours whether the offender is guilty
or not, the sentence the offender received, and whether the offender plans to appeal their conviction or sentence,
which is right 9 to be given information about the outcomes of the case and any appeals. The victim is also
entitled to compensation if the crime was violent and caused damage, as well as free counselling for any emotional
distress (right 10 to be paid expenses and have property returned)
Rights of Witness
The Witness Charter establishes the basic standards of service that a witness of a crime can expect from
the criminal justice system in England and Wales. Witnesses who have been summoned by a court to
testify have a legal obligation to appear, and summonses may be issued by the police or prosecutor’s
office on behalf of the public prosecutor.
At the arrest stage, witnesses are not subject to arrest unless suspected of a crime. However, under
Standard 1 (Fair treatment) and Standard 6 (Action on intimidation), they must be treated with dignity
and respect and protected if they fear retaliation.
During questioning, witnesses must be informed of their rights and obligations (Standard 2: Reporting a
crime and Standard 3: Making a statement). They have the right to refuse to answer questions that
would incriminate themselves or close relatives (Standard 5: After a statement is given). Vulnerable
witnesses - such as children, victims of sexual offences, or those with disabilities - are entitled to special
measures (Standard 4: Initial needs assessment and Standard 8: Follow-up needs assessment) such
as intermediaries, video testimony, or screens.
In rare cases where witnesses are detained (e.g., under a material witness order), they retain rights to
humane treatment and communication (Standard 1: Fair treatment and Standard 4: Needs
assessment). They can also challenge detention through the courts.
At trial, witnesses must tell the truth and not omit facts (Standard 15: The witness box and Standard 16:
Cross-examination), with false testimony punishable by imprisonment. They may refuse to testify
against close relatives (Standard 5). Vulnerable witnesses are protected through measures such as video
links, screens, or restrictions on cross-examination by self-represented defendants (Standard 10:
Support at court and Standard 14: Safety at court). They are also entitled to reimbursement for
expenses and loss of earnings (Standard 20: Claiming expenses).
Finally, during the appeal stage, witness rights continue. Under Standard 18 (Appeals), witnesses must
be kept informed if a case goes to appeal, and they should be updated on the progress and outcome.
They remain entitled to protection from harassment or intimidation (Standard 6) and ongoing support
services (Standard 19). In addition, witnesses can still claim reimbursement for expenses and loss of
earnings if they are required to attend appeal hearings, as set out in Standard 20 (Claiming expenses).
The Charter also recognises the importance of closure and feedback for witnesses, ensuring they feel
valued for their participation (Standard 21: Complaints and feedback).
, AC2.1 Explain the requirements of the CPS for the prosecution service for the prosecution
of suspects.
The Crown Prosecution Service (CPS) acts as the independent body responsible for bringing criminal
cases to court in England and Wales after they have been investigated by the police or other agencies. Its
central purpose is to ensure that justice is served by prosecuting the right individuals for the correct
offences, preparing cases thoroughly, and supporting victims and witnesses throughout the legal
process. Prosecutors are required to remain impartial, fair, and objective, following the Code for Crown
Prosecutors, which demands that charges are only pursued when there is enough evidence to make
conviction likely and when prosecution serves the public interest. The CPS was created in 1986 through
the Prosecution of Offences Act 1985, legislation that established a single, independent prosecution
authority and separated the investigative role of the police from the prosecutorial function. Its foundation
also provided a safeguard against bias and inconsistency in charging decisions. Importantly, the CPS was
designed to balance the expanded police powers introduced by the Police and Criminal Evidence Act
1984, which set out clear rules for police conduct, including powers of arrest, detention, stop and
search, and suspect questioning. Together, these reforms reshaped the criminal justice system by
embedding independence, accountability, and fairness into the prosecution process.
Crown prosecutors are responsible for determining the charge in all but minor cases advising the police
during the early stages of an investigation reviewing cases submitted by the police for prosecution
preparing cases for court, presenting those cases at court, in most cases prosecutors should only decide
to prosecute after the investigation has been completed and after all the available evidence has been
reviewed. For a prosecution to be brought the CPS applies the full code test, which has two stages the
evidential stage followed by the public interest stage.
During the evidential stage prosecutors must be satisfied that there is sufficient evidence to provide a
realistic prospect of conviction against each suspect on each charge, prosecutors must consider what
the defence case may be and how it’s likely to affect the prospects of conviction, a case that does not
pass the evidential stage must not proceed no matter how serious or sensitive it may be, when deciding if
there is sufficient evidence to prosecute prosecutors should consider the admissibility, reliability and the
credibility of any evidence before them.
An example of reliable evidence can be seen in the case of Sarah Payne, an eight-year-old girl abducted
and murdered in West Sussex in 2000. Forensic investigators discovered a strand of Sarah’s hair on a
sweatshirt belonging to Roy Whiting, as well as fibres from his clothing on Sarah’s shoe and near her
burial site. This forensic evidence was scientifically credible and directly linked Whiting to the crime,
giving prosecutors confidence that the case passed the evidential stage and could realistically secure a
conviction. Unreliable evidence is illustrated in the case of Colin Stagg, who was accused of murdering
Rachel Nickell on Wimbledon Common in 1992. Police used a “honey trap” operation, in which an
undercover officer attempted to lure Stagg into making incriminating statements about violent fantasies.
However, Stagg never confessed to the murder, and the judge ruled that the evidence was inadmissible
and unreliable, dismissing the case entirely. This demonstrates how evidence that lacks credibility or is
improperly obtained cannot pass the evidential stage, even in serious cases, because it would not
withstand scrutiny in court.
In every case where there is sufficient evidence to justify a prosecution prosecutors must go on to
consider whether a prosecution is required in the public interest. In doing so prosecutors will consider
the seriousness of the offence, the level of culpability of the suspect, circumstances of the harm caused
to the victim, whether the suspect was under 18 years of age, the impact of the community, whether
prosecution is a proportionate response and do certain sources of information require protecting.
Police Powers
The primary responsibility of the police force is to protect the public by detecting and preventing crime.
This duty is based on common law, and the police have both common law and legislative authority to
carry it out. Police powers must be used in accordance with human rights and equalities legislation.
Individually, police officers are responsible for ensuring that their use of authority is lawful,
proportionate, and necessary. Police powers are classified into three types:
- Crime investigating powers: a variety of powers to collect evidence to identify suspects and
support their fair and effective trial.
- Preventive powers: a variety of powers to maintain public order, prevent anti-social behaviour,
and manage known offenders.
- Criminal case 'disposal' powers: allow police officers to settle criminal cases outside of court or
charge suspects so they can be prosecuted.
Rights of suspects
To ARREST a suspect, there must be reasonable grounds to believe that the suspect was involved in the
specific crime. When a suspect is arrested, the police must read their rights to them: 'You do not have to
say anything, but it may harm your defence if you do not mention something when questioned that you
later rely on in court.' Anything you say could be used as evidence.' PACE code C, the caution is required
whenever a suspect is questioned under caution or arrested, to ensure they understand their rights. It
protects the suspect’s right to silence while also warning that silence may have consequences if they
later rely on something in court that they did not mention during questioning. The phrase “Anything you
say may be used as evidence” ensures suspects are aware that their words can be presented in court.
During QUESTIONING, a suspect is entitled to free legal advice, medical assistance, the ability to tell
someone where they are, a written notice of their rights, and an interpreter or written notice in their native
language. As soon as the suspect asks for a lawyer or attorney, the police cannot question them until
their advisor is present. If the suspect is under the age of 18, the police must find an appropriate adult,
such as a parent or guardian, to accompany him or her during questioning. The suspect also has the right
to be protected from any false statements or confessions made by police during questioning through the
use of voice and camera recordings (Code E and F). Furthermore, the suspect has the right to request
that their information be removed from the police database in certain circumstances, such as unlawful
detention or if the offence no longer exists.
When a suspect is DETAINED, their rights are protected under PACE Code C. A suspect can normally be
held for up to 24 hours without charge, extended to 36 hours for serious offences, and up to 96 hours with
judicial approval. During detention, they must be provided with food, rest, and access to medical
treatment if required. They also have the right to inform someone of their whereabouts and to consult a
solicitor free of charge. A senior custody officer is responsible for reviewing the detention regularly to
ensure it remains lawful and necessary. These safeguards balance the investigative needs of the police
with the suspect’s human rights, preventing unlawful or oppressive detention.
,Although PACE Codes do not apply directly during TRIAL, they continue to shape proceedings by
determining whether evidence is admissible. For example, if police fail to caution a suspect under Code
C, any confession may be excluded at trial. Similarly, unlawful arrest under Code G can undermine the
prosecution’s case. At trial, suspects’ rights are instead protected by the Criminal Procedure Rules and
the Human Rights Act 1998, which guarantee the presumption of innocence, legal representation, and a
fair hearing. Therefore, PACE influences trial indirectly by safeguarding fairness through the exclusion of
improperly obtained evidence.
Although PACE Codes do not apply directly during APPEAL, suspects retain important rights under
appellate law and the Human Rights Act 1998. A convicted person has the right to appeal against
conviction or sentence if they believe there has been a miscarriage of justice. The Court of Appeal can
quash unsafe convictions, order retrials, or reduce sentences. Appeals ensure that errors made during
investigation or trial (including breaches of PACE) can be corrected. For example, if evidence was
admitted at trial despite being obtained unlawfully under PACE, this could form grounds for appeal. In
this way, PACE continues to have an indirect influence, as its safeguards can be revisited during
appellate review to protect fairness and uphold justice.
Right of Victim
The Victims’ Code is a statutory framework that guarantees victims of crime 12 key rights, including the right to
understand and be understood, to receive timely updates, and to access support services. These rights apply across
all stages of the criminal justice process.
ARREST: When a victim reports a crime, they are protected under the Victims’ Code. They have the right to have
details of the crime recorded without unjustified delay (Right 2), which means they must receive written
confirmation that the crime was reported, a crime reference number, and the contact information for the police
officer handling their case. Victims also have the right to be provided with information when reporting a crime
(Right 5), so the police must explain what will happen next, how frequently updates will be provided, and assess
whether the victim requires any assistance. In addition, the police must notify victim support services within two
days, fulfilling the right to be referred to support services (Right 4)
During the investigation, victims have the right to be provided with updates on the investigation (Right 6) which
requires police to inform them within 5 days whether the suspect has been arrested or charged, released or bailed,
or given a caution, reprimand, final warning, or penalty notice. If the police or CPS decide to drop the case, victims
must also be informed within 5 days. Finally, victims of rape or sexual assault are protected by the right to be
understood (Right 1) and the right to be protected from unnecessary contact with the suspect (Right 3), which
includes safeguarding their identity — their name, picture, or personal information must not be published.
QUESTIONING: When a victim reports a crime, they have a right to make a victim personal statement (Right 7),
this is a formal document where a crime victim can describe in their words how a crime has affected them physically,
emotionally, psychologically or financially. During an interview, victims have the right to an interpreter if needed
(Right 1: To be able to understand and be understood). They also have the right to request to bring a person of their
choice to the interview. In addition, the police must notify victim support services within two days, fulfilling the right
to be referred to support services (Right 4)
DETAINED: Victims have the right to be provided with updates on the investigation (Right 6) which requires police
to inform them within 5 days whether the suspect has been arrested or charged, released or bailed, or given a
caution, reprimand, final warning, or penalty notice. If the police or CPS decide to drop the case, victims must also
be informed within 5 days.
,TRIAL: During trial victims have a right to be given information about the trial, trial process and your role as
a witness (Right 8) If the case goes to court, they have the Right to be told the time, date and location of any
hearing and the outcome of those hearings in a timely way. If they are required to give evidence, they have the Right
to be offered appropriate help before the trial and, where possible, if the court allows, to meet with the prosecutor
before giving evidence. To continue the victim has a right to be given information about the outcome of the
case and any appeals they have the right to be told the outcome of the case and, if the defendant is convicted, to
be explained the sentence. If the offender appeals against their conviction or sentence, they have the Right to be told
about the appeal and its outcome.
APPEAL: After the trial, the Witness Care Officer must inform the victim within 24 hours whether the offender is guilty
or not, the sentence the offender received, and whether the offender plans to appeal their conviction or sentence,
which is right 9 to be given information about the outcomes of the case and any appeals. The victim is also
entitled to compensation if the crime was violent and caused damage, as well as free counselling for any emotional
distress (right 10 to be paid expenses and have property returned)
Rights of Witness
The Witness Charter establishes the basic standards of service that a witness of a crime can expect from
the criminal justice system in England and Wales. Witnesses who have been summoned by a court to
testify have a legal obligation to appear, and summonses may be issued by the police or prosecutor’s
office on behalf of the public prosecutor.
At the arrest stage, witnesses are not subject to arrest unless suspected of a crime. However, under
Standard 1 (Fair treatment) and Standard 6 (Action on intimidation), they must be treated with dignity
and respect and protected if they fear retaliation.
During questioning, witnesses must be informed of their rights and obligations (Standard 2: Reporting a
crime and Standard 3: Making a statement). They have the right to refuse to answer questions that
would incriminate themselves or close relatives (Standard 5: After a statement is given). Vulnerable
witnesses - such as children, victims of sexual offences, or those with disabilities - are entitled to special
measures (Standard 4: Initial needs assessment and Standard 8: Follow-up needs assessment) such
as intermediaries, video testimony, or screens.
In rare cases where witnesses are detained (e.g., under a material witness order), they retain rights to
humane treatment and communication (Standard 1: Fair treatment and Standard 4: Needs
assessment). They can also challenge detention through the courts.
At trial, witnesses must tell the truth and not omit facts (Standard 15: The witness box and Standard 16:
Cross-examination), with false testimony punishable by imprisonment. They may refuse to testify
against close relatives (Standard 5). Vulnerable witnesses are protected through measures such as video
links, screens, or restrictions on cross-examination by self-represented defendants (Standard 10:
Support at court and Standard 14: Safety at court). They are also entitled to reimbursement for
expenses and loss of earnings (Standard 20: Claiming expenses).
Finally, during the appeal stage, witness rights continue. Under Standard 18 (Appeals), witnesses must
be kept informed if a case goes to appeal, and they should be updated on the progress and outcome.
They remain entitled to protection from harassment or intimidation (Standard 6) and ongoing support
services (Standard 19). In addition, witnesses can still claim reimbursement for expenses and loss of
earnings if they are required to attend appeal hearings, as set out in Standard 20 (Claiming expenses).
The Charter also recognises the importance of closure and feedback for witnesses, ensuring they feel
valued for their participation (Standard 21: Complaints and feedback).
, AC2.1 Explain the requirements of the CPS for the prosecution service for the prosecution
of suspects.
The Crown Prosecution Service (CPS) acts as the independent body responsible for bringing criminal
cases to court in England and Wales after they have been investigated by the police or other agencies. Its
central purpose is to ensure that justice is served by prosecuting the right individuals for the correct
offences, preparing cases thoroughly, and supporting victims and witnesses throughout the legal
process. Prosecutors are required to remain impartial, fair, and objective, following the Code for Crown
Prosecutors, which demands that charges are only pursued when there is enough evidence to make
conviction likely and when prosecution serves the public interest. The CPS was created in 1986 through
the Prosecution of Offences Act 1985, legislation that established a single, independent prosecution
authority and separated the investigative role of the police from the prosecutorial function. Its foundation
also provided a safeguard against bias and inconsistency in charging decisions. Importantly, the CPS was
designed to balance the expanded police powers introduced by the Police and Criminal Evidence Act
1984, which set out clear rules for police conduct, including powers of arrest, detention, stop and
search, and suspect questioning. Together, these reforms reshaped the criminal justice system by
embedding independence, accountability, and fairness into the prosecution process.
Crown prosecutors are responsible for determining the charge in all but minor cases advising the police
during the early stages of an investigation reviewing cases submitted by the police for prosecution
preparing cases for court, presenting those cases at court, in most cases prosecutors should only decide
to prosecute after the investigation has been completed and after all the available evidence has been
reviewed. For a prosecution to be brought the CPS applies the full code test, which has two stages the
evidential stage followed by the public interest stage.
During the evidential stage prosecutors must be satisfied that there is sufficient evidence to provide a
realistic prospect of conviction against each suspect on each charge, prosecutors must consider what
the defence case may be and how it’s likely to affect the prospects of conviction, a case that does not
pass the evidential stage must not proceed no matter how serious or sensitive it may be, when deciding if
there is sufficient evidence to prosecute prosecutors should consider the admissibility, reliability and the
credibility of any evidence before them.
An example of reliable evidence can be seen in the case of Sarah Payne, an eight-year-old girl abducted
and murdered in West Sussex in 2000. Forensic investigators discovered a strand of Sarah’s hair on a
sweatshirt belonging to Roy Whiting, as well as fibres from his clothing on Sarah’s shoe and near her
burial site. This forensic evidence was scientifically credible and directly linked Whiting to the crime,
giving prosecutors confidence that the case passed the evidential stage and could realistically secure a
conviction. Unreliable evidence is illustrated in the case of Colin Stagg, who was accused of murdering
Rachel Nickell on Wimbledon Common in 1992. Police used a “honey trap” operation, in which an
undercover officer attempted to lure Stagg into making incriminating statements about violent fantasies.
However, Stagg never confessed to the murder, and the judge ruled that the evidence was inadmissible
and unreliable, dismissing the case entirely. This demonstrates how evidence that lacks credibility or is
improperly obtained cannot pass the evidential stage, even in serious cases, because it would not
withstand scrutiny in court.
In every case where there is sufficient evidence to justify a prosecution prosecutors must go on to
consider whether a prosecution is required in the public interest. In doing so prosecutors will consider
the seriousness of the offence, the level of culpability of the suspect, circumstances of the harm caused
to the victim, whether the suspect was under 18 years of age, the impact of the community, whether
prosecution is a proportionate response and do certain sources of information require protecting.
