Topic 1.4 - Examine the rights of individuals in criminal investigations (6 marks, 30 mins)
The rights of suspects
Stop and account - Police have power to ask questions about who you are, why you are in the area where you are stopped, where you are going and what
you are carrying. The person stopped is legally allowed to refuse to answer the questions and just walk away and doing this does not give the police officer
the right to search or arrest them.
Stop and search - Police must inform the person of the stop and search the power they have been stopped under, there are 19 of them. Police also have
power to stop and search a vehicle but only if they have reasonable grounds of suspicion that they will find the object they are searching for and without
discrimination against the person in terms of race. Sexual orientation or gender. Before the person is searched, they have the right to be told the police
officer’s name and station, what they expect to find, the reason they want to search them and why they are legally allowed to conduct the search. Police
have the right to detain the person for a short period whilst carrying out the stop and search, reasonable force can be used if there isn’t cooperation.
Person has the right to not answer questions asked by the officer. The police must not abuse this power by discriminating against certain people due to
prejudice.
Rights of a suspect at time of arrest
Police powers during investigations are governed by the Police and Criminal Evidence Act (PACE), which includes searching premises, arresting suspects,
and collecting samples. If police fail to follow PACE when collecting evidence, it may not be admissible in court. Weakening prosecution’s case in court. The
rights of a suspect in a criminal investigation are in the Police and criminal evidence act PACE 1984. A police officer can arrest a suspect, without a
warrant, but only if there are reasonable grounds to believe a person is committing a crime, has committed a crime or that they are about to commit a
crime. An arrest must be deemed necessary in order for one to be made. Reasonable force can be used if necessary. Suspects have the right to be treated
fairly and with respect by the police. Suspects also have the right to be informed that they are being arrested, for what reasons and why it is deemed
necessary by the police officer.
At the police station
Suspect is handed over to the custody officer who makes sure the person is treated in line with the law and given their legal rights. Suspect is searched
and their belongings are removed and looked after by the custody officer. Custody officer makes the suspect aware of their legal rights and will also review
length of detention, to ensure they comply with appropriate time limits. The custody officer must also make sure someone knows where they are being held
and they see the rules the police must follow and a written notice telling them about their rights. Suspects are then escorted to a cell, they have the right
to be kept in adequate conditions and have food and drinks whilst they are being held in custody. Person is usually released within 24 hours in the case of
summary offences. In exceptional circumstances, such as murder or terrorism, police are allowed to hold a suspect in custody for longer than 24hrs
without charging them. In indictable offences which are more serious crimes a further 12 hours can be added meaning the suspect can be held in custody
for 36 hours in total. After 36 hours, the superintendent must decide whether to charge or release the suspect. For a longer period of detention, up to 96
hours, permission needs to be granted by the Magistrates Court. However, in cases of terrorism the courts can authorise extension up to 14 days.
Three Main Rights
The rights of suspects
Stop and account - Police have power to ask questions about who you are, why you are in the area where you are stopped, where you are going and what
you are carrying. The person stopped is legally allowed to refuse to answer the questions and just walk away and doing this does not give the police officer
the right to search or arrest them.
Stop and search - Police must inform the person of the stop and search the power they have been stopped under, there are 19 of them. Police also have
power to stop and search a vehicle but only if they have reasonable grounds of suspicion that they will find the object they are searching for and without
discrimination against the person in terms of race. Sexual orientation or gender. Before the person is searched, they have the right to be told the police
officer’s name and station, what they expect to find, the reason they want to search them and why they are legally allowed to conduct the search. Police
have the right to detain the person for a short period whilst carrying out the stop and search, reasonable force can be used if there isn’t cooperation.
Person has the right to not answer questions asked by the officer. The police must not abuse this power by discriminating against certain people due to
prejudice.
Rights of a suspect at time of arrest
Police powers during investigations are governed by the Police and Criminal Evidence Act (PACE), which includes searching premises, arresting suspects,
and collecting samples. If police fail to follow PACE when collecting evidence, it may not be admissible in court. Weakening prosecution’s case in court. The
rights of a suspect in a criminal investigation are in the Police and criminal evidence act PACE 1984. A police officer can arrest a suspect, without a
warrant, but only if there are reasonable grounds to believe a person is committing a crime, has committed a crime or that they are about to commit a
crime. An arrest must be deemed necessary in order for one to be made. Reasonable force can be used if necessary. Suspects have the right to be treated
fairly and with respect by the police. Suspects also have the right to be informed that they are being arrested, for what reasons and why it is deemed
necessary by the police officer.
At the police station
Suspect is handed over to the custody officer who makes sure the person is treated in line with the law and given their legal rights. Suspect is searched
and their belongings are removed and looked after by the custody officer. Custody officer makes the suspect aware of their legal rights and will also review
length of detention, to ensure they comply with appropriate time limits. The custody officer must also make sure someone knows where they are being held
and they see the rules the police must follow and a written notice telling them about their rights. Suspects are then escorted to a cell, they have the right
to be kept in adequate conditions and have food and drinks whilst they are being held in custody. Person is usually released within 24 hours in the case of
summary offences. In exceptional circumstances, such as murder or terrorism, police are allowed to hold a suspect in custody for longer than 24hrs
without charging them. In indictable offences which are more serious crimes a further 12 hours can be added meaning the suspect can be held in custody
for 36 hours in total. After 36 hours, the superintendent must decide whether to charge or release the suspect. For a longer period of detention, up to 96
hours, permission needs to be granted by the Magistrates Court. However, in cases of terrorism the courts can authorise extension up to 14 days.
Three Main Rights
