This is an added extra summary note of Ac1.4, Rights of suspects. These notes helped me receive an A* overall; friends and family who borrowed these notes have received high grades. It is quickly allied with titles and detailed explanations that are easy to understand. The notes were written throug...
Powers of arrest:
- A police officer must inform the suspect that they are being arrested, and what they are
being arrested for. This comes from section 24 of PACE (1984).
- Under Section 24 of PACE the police can only arrest a suspect if you have been involved or
suspected of being involved in a criminal offence or the officer has reasonable grounds for
believing an arrest is necessary
Police station:
- If arrested you will be taken to a police station, where the CUSTODY OFFICER, will be
responsible for the care of suspects.
- You will be searched and held in a cell and your possessions looked after by the custody
officer.
- The Custody officer must explain your rights to you:
a. The right to free legal advice.
b. Have someone told of your arrest: Section 56 of PACE (1984);
c. See the rules the police must follow and see a written notice telling you about your rights;
d. If you are under 18 or a vulnerable adult, the police must try to contact your parent,
guardian, or carer. - They must also find an ‘appropriate adult’ to come to the station to help
you and be present during searching and questioning.
When being questioned:
- You have the right to silence – you do not have to answer the police’s questions.
- The police have to tell you the potential consequences if you don’t: ‘You do not have to say
anything. But it may harm your defence if you do not mention when questioned something
which you later rely on in court. Anything you do say may be given in evidence.’
- All interviews must be RECORDED.
- You have the right to FREE LEGAL ADVICE if you are questioned by the police, including the
right to have a solicitor present during your interview. Section 58 of PACE (1984)
Released or charged with a criminal offence:
- Police can hold you in custody (the police station) for up to 24 hours. After that, they either
charge you with a crime or release you.
- For serious crimes, you can be held for 36 hours before being charged or released.
- After 36 hours the police can detain you for another 96 hours (4 days) with the approval of a
magistrate.
- If you are arrested under the TERRORISM ACT, you can be held without charge for up to 14
days.
Rights to appeal:
- If convicted of a crime in a Magistrates’ Court you can automatically appeal:
- Against the conviction, provided you pleaded ‘not guilty’;
- Against the sentence e.g. the size of the fine.
- You must appeal within 21 days of being sentenced. If you lose your appeal which is heard as
a re-trial in the Crown Court you have to pay costs and your sentence or fine may be
increased; if you win your sentence can be quashed or reduced.
- If convicted of a crime in the Crown Court a judge will decide if your case can go the CCRC
and the Court of Appeal where 3 judges will decide on the appeal.
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