AC 1.4 Examine the rights of individuals in criminal investigations
Individuals have certain rights when it comes to criminal investigations. One individual is a
victim. The Victims code was created as a result of the Domestic Violence, Crime and
Victims Act 2004, which means that there are certain codes of practice and protocol which
must be followed for victims. People who have close relatives to victims are also protected
under this act, and the purpose of the act was to protect victims and ensure that they feel
empowered and more confident to report crimes, such as domestic abuse.
When reporting a crime, an individual has the right to gain written confirmation from the
police, which includes a reference number and contact details for an officer on the case. The
police also are obliged to let the individual know what is happening in the case, give victim
support, let an individual write a personal statement which could be read in court, etc. There
are certain support groups which are able to help victims through the whole process. They
are able to provide structured plans for victims to ensure that they can successfully move on
with their lives and give them strength. During the investigation, an individual will receive
updates from the police and they must tell the individual when a suspect is arrested or
charged, set free or released on bail. During an investigation, there may be a chance that
the case may not proceed due to a variety of reasons. If the CPS does not proceed, they
must let the victim know, and if the victim disagrees with it, then they can ask for a review.
During the whole process, privacy is very important to the victim. The police must ask
permission from the victim if they wish to involve the media. In certain cases such as sexual
assault, it is illegal for the police to give names of victims to the media as this breaches their
privacy under Article 12 of the 1948 universal declaration Human Rights.
During the trial, victims have lots of rights. The CPS must let the victim know when and
where the trial will be. A witness care officer will be allocated to the victim if they need to give
evidence. If the victim has written a personal statement, they may be asked to read it to the
court. Within 24 hours of the trial ending, the witness care officer must deliver the verdict to
the victim of what the offender gets and if the offender appeals. If the crime was violent, the
victim may be able to claim compensation from the ‘Criminal Injuries Compensation
Authority CICA’ in which the defendant may be asked to pay compensation to the victim by
the court.
Victims also have rights after the trial which include Restorative Justice. Victims are able to
meet the offender with a Restorative Justice officer. The aim of RJ is to repair the damages
the defendant inflicted on a victim. From statistics it has shown an 85% vicodin satisfaction
rate, and has led to re-offending being reduced by 14%. Furthermore, there may be some
victims who are classed as vulnerable, and they may be entitled to more support. Some
individuals that may be classed as vulnerable victims include: those under 18, if they have a
mental/physical condition, relatives to someone who died, victims of harassment/stalking, etc
The legislation that protects suspects during a criminal case are the Police and Criminal
Evidence Act 1984 Section 24 and the Serious Organised Crime and Police Act 2005. The
police have the right to stop and account for an individual and ask them about their actions
and their reasoning for being in a public place or the possession of an item. The police also
have a right to stop and search an individual. They have the power to search, with
