ac1.4 rights of individuals

Question 1

what are the rights of suspects

Answer 1

• stop and account, officer has the right to ask you to account for your actions, presence and possession of an item
• stop and search, police have 19 different powers of stop and search, must be used fairly and without discrimination

Question 2

what is police of power arrest

Answer 2

• section 24, police and criminal evidence act 1984
• police may lawfully arrest you as a suspect without a warrant if:
  
  • you have been involved, attempted or suspected of a criminal offence
  • officer has reasonable grounds for believing the arrest is necessary
• officer must tell you why, what for and that you are being arrested, reasonable force can be used

Question 3

what is the process when at the police station for a suspect

Answer 3

• suspect taken to police station
• handed over to custody officer
• searched and held in a cell
• possessions looked after by custody officer

Question 4

what are the suspects rights at the police station

Answer 4

• get free legal advice by consulting a solicitor
• have someone informed of your arrest and where you’re being held
• see rules police must follow and see a written notice informing you of your rights
• under 18s/vunerable adults must have a parent, guardian or carer contacted
• ‘appropriate adult’ must come to the station to help and be present during questioning and searching

Question 5

what are the suspects rights when being questioned

Answer 5

• right to silence, ‘you do not have to say anything but it may harm your defence if you do not mention when questioned something which you may later rely on in court anything you do say may be given in evidence’, could be consequences, all interviews may be tape recorded, many forces also do video interviews
• right to legal advice, must be told before questioning and you cannot be questioned until you receive it, may wait for 36 hours in serious cases and 48 for terrorist cases

Question 6

suspects rights for fingerprints, photographs and samples

Answer 6

• consent needed from suspect and authority of a senior police officer for blood and urine samples
• no consent required for photos, fingerprints, DNA samples and a swab of the skin surface of your hands and arms
• reasonable force can be used if necessary

Question 7

suspects right to information

Answer 7

• information from fingerprints and samples stored in a police database
• can ask for information removal, will only be removed if the offence no longer exists or if anything in the police process was unlawful

Question 8

how long the police can hold you

Answer 8

• can hold you in custody for up to 24 hours, have to charge or release you
• indictable offences, can be held for 30 hours and can be detained for a further 96 hours with magistrate’s approval
• arrested under terrorism act, can be held for 14 days

Question 9

terms of police bail

Answer 9

• involves temporary release of a suspect
• can release you on bail if you are a suspect but there isn’t enough evidence to charge you, will have to return to station for questioning
• conditional bail, police may charge you and release you with certain restrictions, most likely to only be imposed if they believe you are likely to re-offend

Question 10

suspects rights of appeal

Answer 10

• if tried in a magistrates court you can:
  
  • automatically appeal against your conviction (as long as
    you plead not guilty and against your sentence
• if tried in a crown court you:
  
  • have no automatic right of appeal, a judge will decide
    whether to allow it

Question 11

rights of victims (code of practice for victims)

Answer 11

• crime reference number and contact details for officers dealing with your case must be given
• must tell you what will happen next and how often they will update you on their investigation
• assess what support you need and ask a victim support organisation to contact you
• ask if you want to write a ‘Victims personal statement’

Question 12

victims rights during the investigation

Answer 12

• police must give you updates and tell you when a suspect is arrested, charged, set free, released on bail or given a caution
• must be told if police or CPS decide to drop the charge and you are entitled to ask for a review if you disagree with their decisions
• right to privacy, if the police give information to the media they will ask the victims permission first

Question 13

victims rights relating to trials

Answer 13

• CPS must tell you where and when the trial will be
• witness care officer will support you before/during trial if you have to give evidence
• may be able to read VPS if defendant is convicted
• WCO must tell you verdict, sentence, guilt and appeal within 24 hours of the trial’s conclusion
• can claim compensation from the criminal injuries compensation authority if the crime was violent, may also order defendant to pay compensation for injuries and damage to property
• may be able to meet the offender through restorative justice scheme if you so choose

Question 14

rights of vulnerable victims

Answer 14

• entitled to extra support if you are:
• under 18
• have a mental health condition
• have a physical/mental disability
• have been repeatedly victimised

Question 15

rights of witnesses

Answer 15

• have a main point of contact throughout the process, keep them informed of the case’s progress
• measure to ensure court is a safe environment, prosecution and defence witnesses wait in seperate aread
• be given information about court process in advance of giving evidence
• prosecution witnesses to be informed of any appeal against conviction or sentence

Question 16

rights of vunerable and intimidated witnesses

Answer 16

• giving evidence from behind a screen, via live video link or video recording to be played in court
• judges and lawyers removing wigs and gowns, creating a less intimidating atmosphere
• help from a communications specialist