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UNIT 3 AC 1.4, Rights for suspects, Rights for victims, Rights for…
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Rights for suspects
Stop and account: Rights of the suspect is an officer has the right to ask why you're in a certain area and why certain actions have taken place and why you have a certain item in your possession.
Stop and search: Police have 19 different reasons for stopping and searching for example for drugs, weapons and stolen goods to prevent attacks on the state. Also with vehicles, this has to be done responsibly and fairly without discriminating against anyone.
PACE 1984: Police can arrest a suspect without a warrant under section 24 act only if you have been involved, attempted or suspected of committing a crime and the officer has good reasons for arresting you. They must also tell you why the arrest is taking place and what for. They can use reasonable force if necessary.
Arrival at police station: Once arrested and taken to the police station, the custody officer will be responsible for your care and other arrestees and they will keep your possessions safe. You will be searched and held in a cell.
Right of Silence: Suspects don’t have to answer police questions but through police they do give a caution that there could be consequences if certain questions are not met. For example if you go to trial and mention something that was not told to the police the prosecution can use your silence used earlier on as evidence against you
Right of legal service: Suspects are allowed to have a solicitor free of charge to go over legal rights and help throughout questioning and case as a whole. Suspects must be told by the police that they have this right before questioning and the police can’t question until this right is met. In serious cases they can make suspects wait 36 hours or 48 for terrorist offences.
Rights of information: Suspects can ask for their fingerprints to be removed but only if they have no offences to their name or the arrest was unlawful.
Police bail: Suspects can be released on bail if there’s not enough evidence to charge the suspect but they will have to return for further questioning. Conditional bails are most common these are bails that have certain restrictions for example living and sleeping at a certain address or not being able to go to a certain area etc. These are put in place as the authorities feel that you are likely to commit another crime or turn up court.
Rights of appeal: Suspects can appeal in magistrates court against conviction as long as you pleaded not guilty at trial and appeal against your sentence. This is different if you are in the crown court as you have no automatic right to an appeal and only the judge alone gets to decide if you get an appeal or not.
Police can take DNA,fingerprints, photos from suspects for evidence so they can connect a suspect to the crime or to clear them as a suspect in end as well.
Police can hold a suspects for 24 hours without charge. This can be extended to 12 hours by the police. Or by the courts by 96 hours maximum.
Rights for victims
Restorative justice: can be found in your local area just speak to a police officer about how to get this started. If the offender is under 18 you will need to go to the youth offending team to find out how to begin this process. Hopefully this will help find a way forward for the victim and even the offender both sides must say yes to restorative justice for it to take place. The aim is to repair what happened in the offence and between the individuals if possible to let go of the past and lead to the future.
Reporting the crime
Victims must receive a written confirmation, crime reference number and contact details from the officer who’s on the case. Plus they need to tell you what’s gonna happen next and that you’ll be regularly updated on the case. They must ask you what support you need and that a victim organisation will call to check up on you the victim. Officer also has to ask whether the victim want to write a victim personal statement that describes and explains what happened during the crime and how it affected you the victim but this is optional.
During the criminal investigation
The police must give regular updates to the victim/s on the case such as if a suspect has been arrested and charged or set free/released if the victim disagrees with these decisions they can ask for a review.
During the trial: Victims have 7 rights during trials in court the CPS must tell when and where the trial will take place.
A witness care officer will support you before and during the trial if you present/give evidence.
If a suspect is convicted of a crime the victim can read the personal statement to the court.
After trial the witness care officer must tell you the verdict and any appeals or proceedings if there are any in the next 24 hours.
If the crime was violent or caused any damage physically or mentally then the victim can get compensation from the offender or the criminal injuries compensation authority.
If you want to meet the offender you can do this through a restorative justice scheme which is there to heal from the offence and ask why and even an apology from the offender.
Care for vulnerable victims: Victims under this category can be people under 18, close relatives of someone who died in a crime or have been repeatedly stalked or harassed.
Victim is also entitled to extra support for much more major crimes like terrorism or murder. Also receive information faster and given specialist advice plus they can receive extra help if they give evidence and become a witness.
Rights for witnesses
Witness Charter: Witnesses will be contacted throughout the case by case officers to keep the witnesses informed on what is going on.
Measures are put in place to make the court safe for the witnesses or witness for example the defence and prosecution witnesses are separated most likely so they can’t speak and compromise each other’s memories of what actually happened.
Information about what’s gonna happen in court is given to the witnesses so they know what to expect during the trial. If there is an appeal against the conviction that occurs prosecution witnesses will be informed.
The rights within the charter are not legally binding; they simply set out a level of service witnesses should expect.
Vulnerable and intimidated witnesses: under age of 18 or mentally or physically disabled. Intimidated witnesses: Victims of sexual offences, human trafficking, witnesses of gun or knife crimes and likely affected by fear or distress about testifying in court.
Special measures for these witnesses can be giving their evidence from a camera live or a video recording played in court. Judges and lawyers give a less intimidating atmosphere by removing their wigs and gowns. A communications specialist can be given to witnesses in court to provide help in court to understanding questions given in court and police interviews also.
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