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Summary WJEC Criminology - Unit 3: AC1.4 Model Answer. Examine the rights of individuals in criminal investigations from investigation through to the appeal process. £3.49
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Summary WJEC Criminology - Unit 3: AC1.4 Model Answer. Examine the rights of individuals in criminal investigations from investigation through to the appeal process.
This is the exact document that I used for my Year 13 controlled assessment which allowed me to achieve an A* overall. This document only includes information about AC1.4, in which I have provided well developed responses concerning the rights of officers, victims and witnesses with references to P...
AC1.4 – Examine the rights of individuals in criminal investigations from investigation through to the
appeal process
Officers have a right to detain an individual due to the presumption that they have engaged in criminal
behaviour. The police are able to detain a suspect without the need for authorisation and on the basis of
having a logical reason to think that the individual has carried out, is currently carrying out or
premeditated a crime. Personnel need to ensure that the detainment is compulsory, and the suspect has
a right to be aware that they are being held in police custody, therefore officers need to address this.
The suspect has a right to stay quiet once they are provided with someone who is legally appointed to
stand for them, they can then give guidance on what course of action to take next. They must be
informed that whatever they say or do could be used against them. The Police and Criminal Evidence Act
(PACE), 1984, communicates that the detained individual needs to be advised. After their detainment,
the suspect is accompanied to the police institution and given to the custody officer – they are
accountable for the supervision and well-being of the suspect. In this stage, the suspect is entitled to
certain rights, one of which is the right to be released after 24 hours, they can’t be held in custody after
that period. If it extends to 36 hours, the suspect is then presumed to have committed an indictable
crime, if the suspect is still held in custody after this period consent is needed from the magistrate.
Officers will then proceed to retrieve any proof from the suspect whether that be physical such as DNA
(e.g. blood) or testimonial from witness statements or interviews. In regards to the brief, officers failed
to inform and provide Asim his rights, such rights were a breach of the justice system as a suspect is
entitled to a phone call especially if they are not of legal age, meaning Asim’s parents or an adult he
knows must be addressed and must arrive at the station.
The age of criminal responsibility is 10, therefore officers need to ensure that both the child offender
and guardian are informed about the arrest. Officers are able to investigate and inquire about standard
findings however the child is entitled to stay in a detention facility once a suitable adult responds. Those
detained have certain rights under the PACE act, this includes: the right to notify a person that you have
been placed in police custody (S.56)/the right to discuss confidentially with a solicitor (S.58). As well as
this, individuals have the right to remain quiet (S.34) and to engage in interviews whereby the person
does not need to respond to the question. The defendants refusal to talk is insufficient in establishing a
sentence and the prosecution needs to give alternative proof to ascertain guilt. Article 6 Human Rights
Act communicates that anyone supposedly involved in crime need to be assumed innocent once
determined to be guilty along with the right to gain entry to a free and independent case.
Prior to the case, you are entitled to be notified in depth about the allegations received, therefore you
need to use your time and resources effectively in order to develop a defence as well as having lawful
guidance available. Those responsible for summary offences are immediately entitled to request against
the conviction. Although the sentence must be reconsidered for, an additional request needs to be
provided with authorisation as well as it needs to be on points of law. Individuals who are on trial for
indictable offences will not be granted with the immediate entitlement to appeal against the claims.
Permission needs to be granted in the span of 28 days of the initial choice which can be towards the
judgement or conviction (on the basis that it is unreliable). Appeal is the process undertaken by the
defendant in order to overturn the guilty verdict of the court. The suspect has the right to appeal against
the verdict, however it is contingent upon the type of offence committed, typically indictable offences
since they are much less severe.
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