Criminology unit 3
1.4 Examine the rights of individuals in criminal
investigation
The rights of a suspect
During criminal investigations, there are certain rights when dealing with suspects. During
the process of detaining suspects. Police officers can arrest a suspect without a warrant, if
there are reasonable grounds to believe a person is committing a crime, about to commit a
crime or has committed a crime in the past. This reasonable ground can be proved or
obtained during stop and search, which involves searching an individual for drugs or
weapons. In addition to this, police also have the right to search vehicles and properties
however, this may require a warrant. Stop and account can also be used in which an
individual in questioned about their actions. Before actually arresting an individual, the
police officer is required to inform the person that they are about to be arrested and state
why they are carrying out the arrest. The police officer will then caution the individual being
arrest by saying for example, “if you attempt to resist arrest, physical force may be used to
detain you”.
At the police station
Once the suspect is arrested, they will be taken to a police station and handed over to the
custody officer. This officer will ensure that the suspect is treated respectfully within the
law. Once the suspect has arrived at the police station, their possessions will be temporarily
confiscated. The police also have a right to information, this information includes
fingerprints, and DNA. This being the case, police officers usually take fingerprints,
photographs and a mouth swab from the suspect. Before the suspect is put in a holding cell,
the custody officer should inform the individual with their three main rights under PACE
which is the Police and Criminal Evidence Act 1984). S.56 PACE states that a suspect has
right to have someone informed that they have been arrested. .58 PACE states that a
suspect has a right to consult a solicitor for advice privately. A suspect also has the right to
consult the Codes of Practice which are followed in where they are being held. Once the
suspect is put into a holding cell, they should only be held for 24 hours usually, an additional
12 hours can be added to this if the suspect is thought to be related to an indictable offense
or charged with a crime. In very serious cases, if police think it is appropriate, they can
extend the detention up to 96 hours however, this requires permission from the
Magistrates Court.
Interview in Police Station
Once the suspect is placed in a holding cell, police have a right to question anyone they have
detained. Therefore, usually during the first 24 hours, police will interview suspects about a
crime. During interviews, suspects have certain rights, the primary one is that all interviews
conducted must be recorded through audio or video, this is put in place to protect the
suspect. Another right is that the suspect has the right to legal advice, meaning that they are
able to have a solicitor present at the time of the interview. The suspect also has the right to
