AC1.4 Examine the rights of individuals in... ac1.4 (6 marks) consider rights of all individuals (suspect
victim and individuals) must go from investigation all the way to appeal (even witnesses), suspect and
victim have diff rights when appeal though, all need 2 be covered
Different individuals (such as victims, witnesses and suspects) who are involved in criminal
investigations have certain rights – some differ to one another, and some are more similar.
SUSPECT RIGHTS; Under section 24 of the police and criminal act, police may lawfully arrest you if
you are suspected of involvement within some form of criminal offence or illegal act, it must be
under ‘reasonable grounds.’ Your rights as a suspect begin as early as your arrest - which is also
when police must follow fixed rules. Police have powers over a suspect in to stop and search you &
stop and account for any actions such as your whereabouts or possessions. This also includes
identifying themselves as police, telling you that you are under arrest, and what crime they believe
you have committed. Once you are in police custody as a suspect, a custody officer will explain your
rights under PACE to seek free legal advice, to have someone informed of your arrest/where you
are, and to read the governing rules of the police with your own rights as a suspect, in written form.
If a suspect is under 18 or vulnerable, a parent or carer must be present during questioning and
searching. When questioned as a suspect, you are under not obliged to answer, and have the right to
silence. Interviews are usually recorded, and police may request fingerprints and samples of DNA,
photographs regardless of your consent, but you have the right to request the removal of this data
on the police database when the arrest was unlawful or is found unlinked to you. Article 6 of human
rights act – everyone innocent until proven guilty. The police can hold a suspect for up to 24 hours
before they must charge or release them. Bail – temporary release, police bail – suspect but not
enough evidence to charge you, conditional bail – police may charge you but release with certain
restrictions like curfew. However, for indictable offences, the police can hold a suspect for a further
96 hours with the approval of a magistrate. Additionally, the police can also hold a suspect for up to
14 days without charge if they were arrested under the Terrorism Act. If a suspect is convicted, and
the suspect’s rights have been broken or have not been followed, they have the right to appeal.
Appeal to magistrate's court can be automatic, against conviction or sentence (if not pleaded not
guilty). There is no automatic right to appeal as a judge has to permit this, the case is then re-heard
by a judge and two magistrates. Any further appeals must be given leave (permission) and must be
on a point of law. In a Crown Court, convictions can only be appealed if they are considered unsafe.
The case is not given a full retrial and is only heard on the grounds of the appeal. Many cases have
resulted in appeals because of suspects’ rights being broken or not being followed. An example of
this is the case of ‘The Central Park Five’, who were a group of five black and Latino teenagers. They
were arrested after Trisha Meili was found badly beaten and raped in New York City’s Central Park in
1989, which led to public outcry. As a result, these teenagers were quickly arrested and charged. In
2002, after serving sentences varying from six to 13 years, new DNA evidence and a confession
proved that convicted rapist Matias Reyes was the true culprit. The Five’s charges were dropped,
and they said that their four confessions had been coerced, due to the police having deprived them
of food, sleep, and drink for 24 hours. As a result, they received a $41 million settlement.
VICTIMS; also have many rights within criminal investigations, these are contained within the Code
of Practice for victims and sets out minimum requirements that organisations should hold victims to.
Victims must be notified of the status of the defendant, as well as the proceedings, where they must
be consulted before a case is dismissed or has been entered into a plea agreement. They must be
present at all justice proceedings and can write a victim personal statement to read at sentencing.
They must have the right to privacy in the media and are entitled to compensation from CICA given
injuries or damage to property. Of the 12 rights, only three apply to all victims: “to be able to
understand and be understood”, “to be referred to services that support victims and have services
and support tailored to your needs,” and “to make a complaint about your rights not being met”.
Whether the remaining nine rights apply to a victim is dependent on their individual needs and
circumstances. These rights vary from having the “details of the crime recorded without unjustified
delay,” to being “provided with information when reporting the crime.”
