The model answer I used for the Unit 3 Controlled Assessment in the A.C.1.4 section that achieved me an A* (UMS 100).
Expertly written write up for examining the rights of individuals in criminal investigations.
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A.C.1.4 Explain the rights of suspects, victims and witnesses
Police Powers
Police aim to fulfil the duty of protecting the public and preventing crime. This duty is
implemented in police’s power, such as the right to stop and account for a person, which
includes officers stopping a civilian, asking them to account for their presence, their actions
or explain their possession of a particular item. Another power is to stop and search, which
includes 19 individual powers to search for items like drugs, firearms, weapons or stolen
goods. Certain powers are given to the police, such as searching vehicles or premises, but
must be exercised fairly, responsibly and without any form of discrimination.
The rights of Suspects
Police officers have to believe there is reasonable grounds for the suspect to be involved in
a crime to make an arrest under Section 24 of Police and Criminal Evidence Act 1984.
(PACE) A police officer must tell a suspect they are being arrested, and what they are being
arrested for, even if it is obvious. The police can use reasonable force to detain a suspect if it
is necessary, as a last resort.
At the police station, the suspect has 3 main rights, according to PACE. Section 56 states
that suspects have the right to have someone notified of your arrest and where you are;
section 58 of Pace states a right to consult privately with a solicitor and have legal advice
with no charge, however there is certain restrictions to this right, including the delayed period
of 36 hours if arrest is for an indictable offence, or if authorising authorities believe evidence
may be interfered with; and lastly the Codes of Practice the police must follow, along with a
written notice of their rights. Additional rights are imposed if a suspect is under the age of 18,
including the police contacting a suitable adult to be present for questioning and searching.
The police have the right to hold suspects for a duration of time without a charge, depending
on the seriousness of the offence. The mandatory time to hold a suspect is 24 hours in
police custody before they must be either charged or released. For a serious crime, this can
be extended to 36 hours; with the approval of a magistrates it can be 96 hours for an
indictable offence, and under the Terrorism Act 2006, suspects can be held for 14 days with
the permission of a magistrate and a Senior judge. The suspect has a right to be ‘bailed’
which is the temporary release if there is no charge ready with adequate evidence.
Unconditional bail is when the accused is released with no conditions to follow and are free.
Suspects can be given an ‘conditional bail’ and are released with circumstances to follow,
such as restrictions from certain places, or handing in their passport to restrict their
movement.
When being questioned, the suspect has the “right of silence” which must be read aloud to
the suspects during their arrest. “You do not have to say anything. But it may harm your
defence if you do not mention when questioned something that you later rely on in Court.
Anything you say may be given as evidence.” The prosecution can use anything said during
a suspect’s arrest against them during their trial, and defence can use it too. However, the
silence can not prove guilt itself, as it is the prosecution’s job to provide evidence of guilt.
While the suspect is in the prison station, the suspect may be fingerprinted and have
photographs taken, as well as DNA samples, which the police don’t need permission to do
and can use necessary force if the suspect resists.
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