Rights of suspects:
The rights of a suspect are set out in the Police and Criminal Evidence Act of 1984, which
suggests that the police can lawfully arrest a suspect without a warrant if they think that they
are involved in, attempted to be involved in or had been involved in an offence. In this case,
a police officer has reasonable grounds to arrest the suspect if necessary. However there
are three steps that the police officer must follow, these are to inform the person that they're
being arrested, why they're being arrested & why it's necessary and unless impossible, the
police officer must caution the arrested person. For example, a police officer may say “I am
arresting you for assault and to prevent you from causing injury to any other person”. This
power comes from section 24 of PACE and is amended by the Serious Organised Crime and
police Act 2005 (SOCAPA). When at the police station, the individual will be passed to a
custody officer who then explains their rights to free legal advice, to remain silent, to a copy
of police rules, a written notice of rights and to inform someone of their arrest and location-
these rights are set according to PACE. Furthermore, if the suspect is under 18 they must
have an adult be present. The custody officer also reviews the length of the detention to
ensure that time limits are complied with. A person must be released within 24 hours of their
arrival at the police station but in the case of indictable offences then a total of 36 hours can
also be authorised. Beyond 36 hours, any further detention requires approval from
magistrates who can then grant up to 96 hours. Also at the police station, fingerprints and
mouth swabs from the suspect can be taken and the detainee also has certain rights to
protect them during questioning. For example, all interviews must be tape recorded and the
detainee is entitled to have a solicitor present during the interview. During these interviews,
the suspect does not have to speak and this right to silence is given in caution at the start of
the process by the officer who may say “you do not have to say anything. But it may harm
your defence if you do not mention when questioned something which you later reply on in
court. Anything you do say may be given in evidence”. If they are tried in the magistrates
court they also have the right to appeal against the conviction if they pleaded not guilty, or
they can appeal against the sentence to the crown court. The case would then be heard by a
judge and two magistrates. Any further appeal must be given leave and must be on a point
of law. If tried in the crown court, appeals are not automatic and can only be allowed by a
judge.
Rights of victims:
The rights of a victim are contained in the Victims code or the Code of Practice for Victims of
Crime which was established by the Domestic Violence, Crime and Victims Act 2006. Their
first right comes when they are reporting the crime, where police officers must give them a
number, confirmation and details to be able to contact the officer who is looking at the case.
They also have to be kept updated about the progress of the case by police, and give them
the option to create a victim personal statement to explain the impact of the crime, and to
have it read out in court if the court gives permission. Victims have the right to privacy
meaning that during the investigation, the police will need to have the victims permission and
for crimes like sexual assault, it is actually against the law to provide any information about
them. The victim can also apply to receive extra help when giving evidence in court, called
“special measures” which is for people who are vulnerable, intimidated or a young
person/child. During the trial, the CPS can inform a witness care officer the date and location
of the trial, and also the results of the case which will then be informed to the victim within 24
hours. Compensation can also be awarded to the victim of the crime by the court, for
example in cases like damage to property or personal injury. Furthermore, if you have been
The rights of a suspect are set out in the Police and Criminal Evidence Act of 1984, which
suggests that the police can lawfully arrest a suspect without a warrant if they think that they
are involved in, attempted to be involved in or had been involved in an offence. In this case,
a police officer has reasonable grounds to arrest the suspect if necessary. However there
are three steps that the police officer must follow, these are to inform the person that they're
being arrested, why they're being arrested & why it's necessary and unless impossible, the
police officer must caution the arrested person. For example, a police officer may say “I am
arresting you for assault and to prevent you from causing injury to any other person”. This
power comes from section 24 of PACE and is amended by the Serious Organised Crime and
police Act 2005 (SOCAPA). When at the police station, the individual will be passed to a
custody officer who then explains their rights to free legal advice, to remain silent, to a copy
of police rules, a written notice of rights and to inform someone of their arrest and location-
these rights are set according to PACE. Furthermore, if the suspect is under 18 they must
have an adult be present. The custody officer also reviews the length of the detention to
ensure that time limits are complied with. A person must be released within 24 hours of their
arrival at the police station but in the case of indictable offences then a total of 36 hours can
also be authorised. Beyond 36 hours, any further detention requires approval from
magistrates who can then grant up to 96 hours. Also at the police station, fingerprints and
mouth swabs from the suspect can be taken and the detainee also has certain rights to
protect them during questioning. For example, all interviews must be tape recorded and the
detainee is entitled to have a solicitor present during the interview. During these interviews,
the suspect does not have to speak and this right to silence is given in caution at the start of
the process by the officer who may say “you do not have to say anything. But it may harm
your defence if you do not mention when questioned something which you later reply on in
court. Anything you do say may be given in evidence”. If they are tried in the magistrates
court they also have the right to appeal against the conviction if they pleaded not guilty, or
they can appeal against the sentence to the crown court. The case would then be heard by a
judge and two magistrates. Any further appeal must be given leave and must be on a point
of law. If tried in the crown court, appeals are not automatic and can only be allowed by a
judge.
Rights of victims:
The rights of a victim are contained in the Victims code or the Code of Practice for Victims of
Crime which was established by the Domestic Violence, Crime and Victims Act 2006. Their
first right comes when they are reporting the crime, where police officers must give them a
number, confirmation and details to be able to contact the officer who is looking at the case.
They also have to be kept updated about the progress of the case by police, and give them
the option to create a victim personal statement to explain the impact of the crime, and to
have it read out in court if the court gives permission. Victims have the right to privacy
meaning that during the investigation, the police will need to have the victims permission and
for crimes like sexual assault, it is actually against the law to provide any information about
them. The victim can also apply to receive extra help when giving evidence in court, called
“special measures” which is for people who are vulnerable, intimidated or a young
person/child. During the trial, the CPS can inform a witness care officer the date and location
of the trial, and also the results of the case which will then be informed to the victim within 24
hours. Compensation can also be awarded to the victim of the crime by the court, for
example in cases like damage to property or personal injury. Furthermore, if you have been
