Please enable JavaScript.
Coggle requires JavaScript to display documents.
Outcome 1.4 Examine the rights of individuals in criminal investigations -…
Outcome 1.4 Examine the rights of individuals in criminal investigations
Suspects
Rights when being arrested - right to ask why you are being arrested/ right to remain silent/ you will vibe read a caution
Rights at the police station - right to consult a legal representative free of charge at anytime/ right to notify someone you have been arrested/ right to consult a copy of the code and conduct/ police can hold you for 24 hours before charging you although this may be extended in extreme cases/ right to have an adult with you if you are 16 or younger or if you have mental vulnerability which is to be proven by the resident doctor.
Rights when being charged - conditional bail where you are free to leave the police station but you must either avoid a person or a particular place.
Bail can be refused when - an individual is charged with a serious crime/ previously convicted of serious crime/ police think individual may abscond/ police think individual will commit a crime when on bail/ bail granted previously and did not adhere to the terms.
once arrested the police have the right to recover DNA from you whether this be fingerprints, or samples such as urine or blood. Fingerprints and photographs must be taken even without consent although normally consent must be acquired for samples. Once the individual is released without charge or the offence no longer exists, the individual may ask for the samples and DNAQ be deleted from the system.
S & Marper v UK asked for a judicial review when the other courts refused to agree to wipe their DNA from the system after they were both acquitted.
Rights of appeal in the magistrates court means an automatic appeal against conviction if pleaded not guilty. You may also appeal against the sentence.
Rights of appeal in the crown court are not automatic however if you do file for an appeal then it will go to the court of appeal.
Victims
the victim code was established by Domestic Violence, Crime and Victims Act 2004. These rights apply to close relatives of deceased victims as well. Police must offer a written conformation, a crime reference number and contact details for the officer dealing with your case in order to - discuss next steps/ provide updates during the investigation/ assess what support the victim needs/ ask for a victim personal statement.
Victims have a right to privacy when in the media and sexually motivated crime victims have a right that makes it unlawful for anyone to publish the name, photo or anything that could be used to identify the victim.
Rights of a victim in trial - CPS tell info about trial/ witness care officer/ read VPS/ must be told the verdict within 24 hours/ claim compensation from Criminal Injuries Compensation Authority/ can choose to meet the offender through the restorative justice programme e.g. the case of Susan and her stolen bike.
Cases where victims rights have been mistreated - case of the Brixton Sisters.
Witnesses
The witness charter sets out standard of care from police, CPSW, court staff, witness service and defence lawyers/ not legally binding/ right to claim for travel expenses to attend court for loss of earnings.
Summary of the Charter Rights - treat with dignity and respect/ applications for special measures/ main point of contact for info/ date to give evidence suits the witness/ police conduct initial assessment of needs/ measures in court to keep you safe/ given information about the court process in advance to giving evidence.
what is it like to be a witness - the main concern is for you to be safe and comfortable so so offer DVD explanations of the day/ you can give evidence in the court room or behind a screen or via video link to prevent from being threatened intimidated.
Section 60 powers make it legal for officers to search and seize weapons without a search warrant from the court if they believe it will be used and cause harm.
This was used in the example of the Brixton Street Party
Another example of police abusing their power is the example of George Floyd who was not offered any rights of the detainee and explored the lack of professionalism from the police