AC 1.4 (20 mins)
Right of Suspects
On Arrest:
● Officer arrest suspect without warrant- reasonable grounds to believe suspect
is/has/will commit
● Must inform person what they are being arrested for
● Arrested person must be cautioned - unless important to do so
● Suspect have right to be treated fairly/with respect
● Right to ask reason for arrest
● Right not to answer questions- right to silence
● Suspect must cooperate with police/never resist arrest (committing further offence)
Police station/held:
● Suspect handed to custody officer- responsible for care+welfare (treated in
accordance with law/given all legal rights)
● Reviews length of detention- ensure time limits are complied
● Must be released from station after 24hrs from arrival
● Indictable offences +12hrs can be authorised (36 hrs)
● Magistrates grant up to 96hrs
● Up to 28 days-terrorism cases
● 3 main rights under PACE for detainee:
● S.56 PACE: right to inform someone of their arrest
● S.68 PACE: right to consult privately with solicitor
● Right to consult codes of practice
● station- Photo+fingerprints + DNA (mouth swab) - reasonable force if necessary
● Police will have suspect DNA as E- compared to physical E at scene
● Interview/questioning- suspect certain rights+safeguards to protect them (interviews
must be tape recorded/may be video-recorded)
● Detainees-entitled to solicitor- can be provided duty solicitor (free)
● 16/under/ mentally vulnerable (ruled by police doctor) need appropriate adult (over
18) during questioning
Central park five:
○ subjected to hours of interrogation-not videoed/no parents present
○ If present,unlikely detectives would conducted themselves manner they did
○ unlikely that confessions would been coerced
○ During interviews suspects don't need to give any form of reply- ‘no comment’
interviews (major right of suspect-right to silence)
Being charged:
● Enough E to charge- suspect given charge sheet
● contains details of offence
● When/where due to appear in Court
● Terms of bail (majority granted bail/conditional bail during trial-not enough evidence
to imprison)
● Conditional bail- charged by police+released to go court (imposed conditions on bail
e.g. condition of residence, not to contact particular person,cant go particular
area/address etc)
Right of Suspects
On Arrest:
● Officer arrest suspect without warrant- reasonable grounds to believe suspect
is/has/will commit
● Must inform person what they are being arrested for
● Arrested person must be cautioned - unless important to do so
● Suspect have right to be treated fairly/with respect
● Right to ask reason for arrest
● Right not to answer questions- right to silence
● Suspect must cooperate with police/never resist arrest (committing further offence)
Police station/held:
● Suspect handed to custody officer- responsible for care+welfare (treated in
accordance with law/given all legal rights)
● Reviews length of detention- ensure time limits are complied
● Must be released from station after 24hrs from arrival
● Indictable offences +12hrs can be authorised (36 hrs)
● Magistrates grant up to 96hrs
● Up to 28 days-terrorism cases
● 3 main rights under PACE for detainee:
● S.56 PACE: right to inform someone of their arrest
● S.68 PACE: right to consult privately with solicitor
● Right to consult codes of practice
● station- Photo+fingerprints + DNA (mouth swab) - reasonable force if necessary
● Police will have suspect DNA as E- compared to physical E at scene
● Interview/questioning- suspect certain rights+safeguards to protect them (interviews
must be tape recorded/may be video-recorded)
● Detainees-entitled to solicitor- can be provided duty solicitor (free)
● 16/under/ mentally vulnerable (ruled by police doctor) need appropriate adult (over
18) during questioning
Central park five:
○ subjected to hours of interrogation-not videoed/no parents present
○ If present,unlikely detectives would conducted themselves manner they did
○ unlikely that confessions would been coerced
○ During interviews suspects don't need to give any form of reply- ‘no comment’
interviews (major right of suspect-right to silence)
Being charged:
● Enough E to charge- suspect given charge sheet
● contains details of offence
● When/where due to appear in Court
● Terms of bail (majority granted bail/conditional bail during trial-not enough evidence
to imprison)
● Conditional bail- charged by police+released to go court (imposed conditions on bail
e.g. condition of residence, not to contact particular person,cant go particular
area/address etc)
