Model answer that was created and used by two A* students who both received 100% in the final Unit 3 exam. Detailed description of the rights of suspects, witnesses and victims from investigations through to appeals.
*please note don’t copy exactly as it would be considered plagiarism).
AC1.4 Examine the rights of individuals in a criminal investigation
6 marks
Specification Requirements
Content Amplification
Individuals Learners should consider the rights of
● Suspects all individuals from investigations
through appeal.
● Victims
● Witnesses
, Rights of a suspect when arrested
Rights of a suspect are demonstrated when the police arrest a suspect. The
police must Inform you that they are the police, Inform you that you are getting
arrested, Inform you of what crime you are being arrested for and explain why
your arrest is necessary and why you aren’t allowed to leave. This is called the
police caution. This is under the Police and Criminal Evidence Act 1984 (PACE
Act 1984). If the police fail to do this then the arrest will be unlawful.
Rights at the police station
When a suspect goes into custody they can be kept in custody for 24 hours
(for non indictable offences). For indictable offences this can be up to 36 hours
as they are more serious offences. When the suspect is 10-18 years olds or
classed as a vulnerable adult, a parent or carer must be informed when they
are arrested. They aren’t allowed to be questioned without a present adult. A
case were these rights or the right to a solicitor were not upheld was the case
of Stephan Kiszko in 1975 the led to a wrongful imprisonment for the murder of
Lesley. Every suspect has the right to legal representation when in police
custody and the right to inform someone their location this is covered under
the PACE act. As well as this, suspects have the right to discuss the codes or
practice. Rights under PACE also include the right to remain silent. Almost all
suspects have the right to bail, this means being released from custody while
awaiting the trial, this is covered under The Bail Act 1976 but this doesn’t
include those who are arrested for serious offences like murder, manslaughter
of serious sexual assault. The right to bail is kept under review during the
whole case process.
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