These notes cover the entirety of AC1.4 for Unit 3. For use in the Crime Scene to Court Room Controlled Assessment (WJEC Applied Diploma in Criminology). Include sufficient detail and relevant case examples. Achieved top grade A using these notes.
AC1.4 Examine the rights of individuals in criminal investigations
Rights of victims
Victims of crimes have rights during the investigation and court process. These rights are set
out in the Code of Practice for Victims of Crime (also known as the Victims’ Code) which was
made by the Domestic Violence, Crime and Victims Act 2004. When a victim reports a crime
they have the right to a written confirmation by police. This includes a crime reference
number and contact details of the officer dealing with their case. The police also should tell
the victim what the next steps are, inform them how often updates will take, assess the
victim to see if any support is needed and how to access that support with a victim support
organisation. Victims also have the right to write a Victim Personal Statement about how the
crime has affected them if they wish as it may be useful to read out in court.
During an investigation, the police must inform the victim within 5 days about whether the
suspect is arrested or charged, set free or released on bail. By right if the police or CPS
decide to drop the charge against the suspect then they must tell the victim. Victims also
have a right to privacy so when police give out information to the media to help with their
investigations they will ask for the victim’s permission first. In cases of sexual assault or
rape, it is against the law for anyone to publish the name, photo or anything that could
identify the victim.
The rights the victim has in relation to the court trials if they have to give evidence is a
Witness Care Officer will support them before and during the trial. Once the trial has ended
the victims' Witness Care Officer must tell them the verdict within 24 hours what sentence
the offender gets if guilty and if the offender appeals their conviction or sentence time. The
victim also has the right to compensation in cases that involve personal injury or damage to
property. In addition, if someone is a victim of a violent crime they can apply to the Criminal
Injuries Compensation Authority. This is a government sponsored agency for compensation.
Vulnerable victims are entitled to extra support. This means that they can receive information
more quickly, be given special advice and if they have to give evidence as a witness they
have the right to special help. Vulnerable victims include those who are under 18, have a
mental health condition or physical or mental disability, are a close relative of someone who
died because of a crime or have been repeatedly victimised, for example harassment.
People who are victims of a serious crime such as attempted murder, hate crime and sexual
offences are also entitled to extra support.
Rights of suspects
In order for a suspect to be arrested there needs to be reasonable grounds to suspect they
are involved in the crime. Under section 24 of the Police and Criminal Evidence Act 1984
(PACE), police may lawfully arrest a suspect, without a warrant from court, if: they have
been involved, attempted to be involved or suspected of being involved in committing an
offence and the officer in dealing has reasonable grounds for believing the arrest is
necessary.
When the suspect is being arrested the officer must then read out their rights: ‘’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 and anything you do say may be given in
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