AC 1.4 - Examine the Rights of Individuals in Criminal Investigations
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Course
Crime Scene to Courtroom
Institution
WJEC
These are lecture notes of the rights of specific individuals in the criminal investigation. This document includes The Suspect, The Police, The Victim. and The Witness.
This document ONLY contains Ac 1.4 content (1811 words)
AC 1.4 – EXAMINE THE RIGHTS OF INDIVIDUALS IN CRIMINAL
INVESTIGATIONS
RIGHTS OF A SUSPECT:
The states obligation to respect human rights, the right to life, the right to no punishment without
law, the right to family and private life, the right to an effective remedy if your rights are breached,
right to freedom of thought, right to not be tortured.
LAWS:
Section 56 of the PACE act that says that an individual has the right to inform someone of their
arrest and Section 58 of the PACE act where you have the right to consult a solicitor privately.
POLICE POWERS OF ARREST:
The Police and criminal Act of 1984 is a balance between the powers of the police and the rights and
freedoms of the public. There are two types of stops that police are able to do, first stop and account
where police officers are to ask who you are and what you are doing in that moment in that area,
they can’t however, force you to answer. If you do refuse u cannot be searched or arrested. The
second is stop and search, where a police officer who genuinely thinks that you are acting suspicious
(for example hiding a sharp instrument), can stop you and search you. They can also so this type of
search if they have been tipped off by a member of the public.
STOP AND SEARCH:
There are rules for stop and search;
G – Grounds for the search
O – Object they are searching for
W – warrant card if the officer is not in uniform
I – identity of the officer
S – Station they work at/belong to
E – Entitlement
L – Law being used to search you
Y – You should be told the purpose of the search
- PCSOs (police community support officers) cannot arrest individuals as they do not have the
power to (they do, however, have the power to detain you). Their powers surround
transport, social behavior, alcohol, etc. A member of the public can make what is known in
law as a public or citizen's arrest.
POLICE POWERS OF ARREST:
SECTION 24 of the Police and Criminal Evidence Act 1984; Police can arrest you without a warrant
from the courts if you have been involved to are suspected in committing an offence (and if the
officer believes they have reasonable grounds for an arrest. The police must identify themselves as
the police, tell you that you are being arrested, tell you what crime they believe you have
committed, and tell you why they think it is necessary for them to arrest you and tell you that you
are not free to leave. If you have been arrested without a warrant, officers are required to state to
the person why they are being arrested (even if the fact is obvious).
The police reserve the right to take and store photographs of you and take samples of non-intimate
DNA (such as fingerprints). This in turn is then stored on the database with the only way it being
removed is if you asked after you have been found not-guilty or if there was a breach in the police
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