Unit 3 AC1.4 Rights of individuals in criminal investigations Flashcards
The rights of a suspect
A police officer can arrest a suspect, without a warrant, if they have reasonable grounds to believe that a person is committing, has committed, or is about to commit an offence and, importantly, the arrest is necessary.
A police officer must inform the person that they are being arrested, and what they are being arrested for, even if this is obvious, and why it is necessary to arrest them.
At the police station a suspect is handed over to the custody officer who ensures the person is treated I accordance with the law and is given all their legal rights.
Generally, a person must be released within 24 hours of their arrival at the police station but in the case of indictable offences a further 12 hours (up to 36 hours) can be authorised.
At the police station, fingerprints and DNA in the form of a mouth swab can be taken from the suspect, with reasonable force if necessary.
Anyone detained at a police station can be questioned by police. Suspects have certain rights and safeguards to protect them.
A suspect cannot be forced to speak, this is called a ‘right to silence’.
If tried in a magistrate’s court, defendants has the right to appeal against conviction and if they plead ‘not guilty’ they also have the right to appeal the sentence.
The right of a victim
The rights of a victim are contained in the Victim’s Code or the Code of Practice for Victims of Crime, established by the Domestic Violence, Crime and Victims Act 2004. The rights include to:
- Be kept informed about the progress of your case by the police
- Hear when a suspect has been arrested, charged, bailed or sentenced
- Apply for extra helps when giving evidence in court (called ‘special measures’) if you are vulnerable, intimidated, or a child or young person
- Apply for compensation
- Make a Victim Personal Statement to explain the impact of the crime, and to have it read out in court, with the permission of the court (Victim Support, 2006)
Compensation can be awarded to a victim of crime by the court, for example in cases such as personal injury or damage to property. In addition, if you have been the victim of a violent crime it is possible to apply to the Criminal Injuries Compensation Authority (CICA), a government sponsored agency, for compensation.
The rights of a witness
There is also a Witness Charter containing the standard of service a witness can expect in a court case. The standards include:
- Having a main point of contact for information about the case
- Being able to claim expenses for travel and for loss of earnings incurred due to the court case
- Receiving special measures if you are a vulnerable or intimidated witness. For example, giving evidence via video link or the removal of wigs and gowns by the judge and lawyers.
There is also a complaints procedure if the standards are not followed, which eventually would be dealt with by the Parliamentary Ombudsman.
The Crown Prosecution Service (CPS) also provides information, assistance and support to victims and prosecution witnesses.
Custody officer
Custody Officer – The police officer, of at least the rank of sergeant, who is responsible for the care and welfare of an arrested person.
Indictable offences
Indictable Offence – A serious offence that must be dealt with at Crown Court.
Compensation
Compensation – something, typically money, awarded to someone in recognition of loss, suffering, or injury.
Magistrate’s Court
Magistrate’s Court – (in England and Wales) a court presided over by a magistrate or magistrates that deals with minor offences and holds preliminary hearings for more serious ones.
Prosecution
Prosecution – the institution and conducting of legal proceedings against someone in respect of a criminal charge.
Parliamentary Ombudsman
Parliamentary Ombudsman – TheOmbudsmanis responsible for considering complaints by the public thatUKGovernment departments, public authorities and the National Health Service inEnglandhave not acted properly or fairly or have provided a poor service.
Right to Silence
Right to Silence – The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials.
Conviction
Conviction – a formal declaration by the verdict of a jury or the decision of a judge in a court of law that someone is guilty of a criminal offence.
Safeguards
Safeguards – a measure taken to protect someone or something or to prevent something undesirable.
Victim Support
Victim Support – Local offices which provide emotional and practical help to victims of all crimes.
