AC1.4 Examine the rights of individuals in criminal investigations
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, that an arrest is necessary.
A police officer must inform 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. So, a PC might say ‘ I am
arresting you for assault and preventing you causing injury to any other person’. This
power comes from Section 24, the Police & Criminal Evidence Act 1984 (PACE) as amended
by the Serious Organised Crime and Police Act 2005 (SOCOAPA).
Unless impossible to do so, the police must then caution the arrested person. At the police
station, a suspect is handed over to the custody officer who ensures the person is treated in
accordance with the law and is given all their legal rights. The custody officer also reviews
the length of detention to ensure time limits are complied with. 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 after 36 hours any further
detention.
There are three main rights under PACE for the detainee.
S. 56 PACE: a right to have someone informed of their arrest.
S. 58 PACE: a right to consult privately with a solicitor.
A right to consult with Codes of Practise.
At the police station, fingerprints and DNA in the form of a mouth swab can be taken from a
suspect, with reasonable force if necessary. So, the police will have taken the suspect’s DNA
as evidence.
Anyone detained at a police station may be questioned by the police. Suspects may have
certain rights and safeguards to protect them. For instance, all interviews must be tape-
recorded, in some areas of the UK the police video-record interviews. Detainees are also
entitled to have a solicitor present during the interview.
During interviews, suspects do not have to give any form of a reply; these are often known
as 'no comment' interviews. This 'right to silence' is given in the caution by the police:
You do not have to say anything. But it may harm your defence if you do not mention
when questioned something which you later rely on in court. Anything you do say may be
given in evidence.
This means a suspect cannot be forced to speak, they can remain silent, and at any trial, the
judge may comment on the defendant's failure to mention that is crucial to their defence.
This failure to mention something, which they now wish to rely on in court, can form part of
the evidence against them. A defendant's silence is not enough for a conviction on its own,
and the prosecution must still have other evidence to prove their case.
If tried in a magistrates' court; a defendant has the right to appeal against conviction, if they
pleaded not guilty, and also to appeal against sentence, to the crown court. A judge and two
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, that an arrest is necessary.
A police officer must inform 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. So, a PC might say ‘ I am
arresting you for assault and preventing you causing injury to any other person’. This
power comes from Section 24, the Police & Criminal Evidence Act 1984 (PACE) as amended
by the Serious Organised Crime and Police Act 2005 (SOCOAPA).
Unless impossible to do so, the police must then caution the arrested person. At the police
station, a suspect is handed over to the custody officer who ensures the person is treated in
accordance with the law and is given all their legal rights. The custody officer also reviews
the length of detention to ensure time limits are complied with. 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 after 36 hours any further
detention.
There are three main rights under PACE for the detainee.
S. 56 PACE: a right to have someone informed of their arrest.
S. 58 PACE: a right to consult privately with a solicitor.
A right to consult with Codes of Practise.
At the police station, fingerprints and DNA in the form of a mouth swab can be taken from a
suspect, with reasonable force if necessary. So, the police will have taken the suspect’s DNA
as evidence.
Anyone detained at a police station may be questioned by the police. Suspects may have
certain rights and safeguards to protect them. For instance, all interviews must be tape-
recorded, in some areas of the UK the police video-record interviews. Detainees are also
entitled to have a solicitor present during the interview.
During interviews, suspects do not have to give any form of a reply; these are often known
as 'no comment' interviews. This 'right to silence' is given in the caution by the police:
You do not have to say anything. But it may harm your defence if you do not mention
when questioned something which you later rely on in court. Anything you do say may be
given in evidence.
This means a suspect cannot be forced to speak, they can remain silent, and at any trial, the
judge may comment on the defendant's failure to mention that is crucial to their defence.
This failure to mention something, which they now wish to rely on in court, can form part of
the evidence against them. A defendant's silence is not enough for a conviction on its own,
and the prosecution must still have other evidence to prove their case.
If tried in a magistrates' court; a defendant has the right to appeal against conviction, if they
pleaded not guilty, and also to appeal against sentence, to the crown court. A judge and two
