AC 1.4: Examine the Rights of Individuals in Criminal Investigations
Individuals in criminal investigations can be divided into three categories: suspects, victims, and
witnesses. Each of these possess rights in a criminal investigation, with some being similar and some
being different.
The Rights of Suspects:
Your rights of a suspect begin as early as your arrest when the police must follow set rules. These
include identifying themselves as the police, telling you that you're under arrest, telling you what crime
they think you’ve committed, explaining why it’s necessary to arrest you, and explaining to you that
you're not free to leave. Once you are in custody as a suspect, you have even more rights. These include
the right to free legal advice, the right to tell someone where you are, the right to receive medical help if
you’re feeling ill, the right to see the rules that the police must follow, and the right to see a written
notice telling you of your rights/access to an interpreter to explain the notice.
When you are later questioned at the police station as a suspect, you are under no obligation to answer
the police’s questions, although there may be consequences in the future if you don’t. Suspects have
fewer rights when they are photographed or have their fingerprints taken, but still have the right to
have their data kept confidential, and to refuse a blood/urine sample or dental impressions – however,
this doesn’t apply in relation to charges of drink or drug driving. The police, however, have a right to
take photographs, fingerprints, and DNA samples of a suspect regardless of if they refuse. The police can
hold a suspect for up to 24 hours before they must charge or release them. However, the police can
apply to hold a suspect for up to 36 or 96 hours if they are suspected of a serious crime, such as murder.
Furthermore, the police can also hold a suspect for up to 14 days without charge if they were arrested
under the Terrorism Act.
If the suspect’s rights have been broken or have not been followed, they have the right to appeal. In the
Magistrate’s Court, a ‘not guilty’ plea and an appeal against their sentence could result in a successful
appeal against the suspect’s conviction. 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 as a result 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.
The Rights of the Victim:
Victims also have many rights in criminal investigations, and the ‘Code of Practice for Victims of Crime’
focuses on setting out the minimum standard that organisations must provide to victims of crime. 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
Individuals in criminal investigations can be divided into three categories: suspects, victims, and
witnesses. Each of these possess rights in a criminal investigation, with some being similar and some
being different.
The Rights of Suspects:
Your rights of a suspect begin as early as your arrest when the police must follow set rules. These
include identifying themselves as the police, telling you that you're under arrest, telling you what crime
they think you’ve committed, explaining why it’s necessary to arrest you, and explaining to you that
you're not free to leave. Once you are in custody as a suspect, you have even more rights. These include
the right to free legal advice, the right to tell someone where you are, the right to receive medical help if
you’re feeling ill, the right to see the rules that the police must follow, and the right to see a written
notice telling you of your rights/access to an interpreter to explain the notice.
When you are later questioned at the police station as a suspect, you are under no obligation to answer
the police’s questions, although there may be consequences in the future if you don’t. Suspects have
fewer rights when they are photographed or have their fingerprints taken, but still have the right to
have their data kept confidential, and to refuse a blood/urine sample or dental impressions – however,
this doesn’t apply in relation to charges of drink or drug driving. The police, however, have a right to
take photographs, fingerprints, and DNA samples of a suspect regardless of if they refuse. The police can
hold a suspect for up to 24 hours before they must charge or release them. However, the police can
apply to hold a suspect for up to 36 or 96 hours if they are suspected of a serious crime, such as murder.
Furthermore, the police can also hold a suspect for up to 14 days without charge if they were arrested
under the Terrorism Act.
If the suspect’s rights have been broken or have not been followed, they have the right to appeal. In the
Magistrate’s Court, a ‘not guilty’ plea and an appeal against their sentence could result in a successful
appeal against the suspect’s conviction. 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 as a result 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.
The Rights of the Victim:
Victims also have many rights in criminal investigations, and the ‘Code of Practice for Victims of Crime’
focuses on setting out the minimum standard that organisations must provide to victims of crime. 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
