AC 1.4- Examine the rights of individuals in criminal
investigations. [6 marks]
RIGHTS OF THE SUSPECT
The Police and Criminal Evidence Act (PACE) 1984 suggests that the police can
lawfully arrest a suspect without a warrant if they think you have been
involved in, attempted to be involved or are suspected to be involved in an
offence. An officer in this case has reasonable grounds to arrest the suspect if
necessary. Steps the officer must follow when arresting someone includes:
telling the person they are being arrested, what they are being arrested for
and why the arrest is necessary. If necessary, the police may also use force to
detain the suspect.
The use of technology has been overall useful in helping officers and victims in
ensuring the rules of PACE are followed, it allows for both parties to know their
rights as it is hard not to forget as it is all online.
After the suspect is handed to a custody officer at the police station, the
custody officer must explain to the detainee that they have the right to free
legal advice and the right to inform someone of the arrest and location. The
care and welfare of the suspect whilst detained is their responsibility and
should also monitor how long the suspect is detained for. The suspect must be
released ore charged within 24 hours, however this doesn’t always have top be
the case. The police can hold people for 36 hours if they think the suspect had
been involved in an indictable offence (e.g. murder). Seeking permission from
magistrates is essential if they wish to keep the suspect for an extra 96 hours.
The period of detention is longer for an indictable offence as it takes longer to
perhaps get evidence or make the suspect tell if they did commit. A magistrate
will grant an additional 96 hours where a further detention is warranted by the
necessity to obtain or preserve evidence, and the investigation is being carried
out in a quick and thorough manner.
Police can use reasonable force if needed to take an offender’s photo,
fingerprint sample and DNA, and can also request a blood and urine sample.
For this they need the permission of the suspect and a senior officer unless it is
an offence about drink/drug driving. Testimonial evidence may be given to
help the crime. A suspect may request a solicitor, who will help them for free
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