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Unit 4 A.C. 1.4- Examine the rights of individuals in criminal…
Unit 4 A.C. 1.4- Examine the rights of individuals in criminal investigations
PACE Model- The Police and Criminal Evidence Act 1984
governs major part of police powers of investigation including arrest, detention, interrogation, entry and search of premises, personal search and the taking of samples
attempts to strike a fair balance between the exercise of power by those in authority and the rights of members of the public
Police
must identify themselves as police; tell you why you're being arrested; tell you what crime they think you committed; explain why it's necessary to arrest you; explain to you that you're not free to leave
Reasonable force- if you try escape/ become violent, police can use reasonable force; you can be handcuffed; police have powers to search you when you're arrested;
can hold you up to 24h till they can charge you with crime/ release; can apply to hold you up to 36/ 96h if suspected of serious crimes; can be held for up to 14 days if arrested under the Terrorism Act
can release you on police bail if enough evidence to charge you, don't have to pay to be release on police bail but you have to return to station for further questioning;
released on conditional bail if police charge you and think you may- commit another offence; fail to turn up to court; intimidate other witnesses; obstruct course of justice-> freedom restricted
Courts
Magistrate courts- all criminal cases start here; cases are herd by 2/3 magistrates, district judge, no jury;
handles cases such as summary offences: most motoring offences, minor criminal damage, common assault + some more serious crimes/ either way offences such as: burglary, drug offences
can appeal against sentence- if pleaded guilty/ conviction+ sentence- if pleaded not guilty (if you lose appeal original sentence/ conviction might change)
Crown courts-serious crimes are passed from Magistrates court such as murder, rape, robbery- indictable offences; has a jury (decides guilt), has a judge
court can give punishments up to 6 months in prison/ up to 12 for more than one offence, fines, community sentences- unpaid work, a ban from doing something, combination of punishments
it also can deal with appeals against a magistrates court conviction/ sentence+ cases passed from magistrates court for trial/ sentencing
Right as a victim
police must give written confirmation of crime reported, crime reference number, contact details for police officer dealing with case+ told clearly what happens next, told how often they'll give updates on investigation, carry out a needs assessment to fins what support you should receive, ask victim support organisation to contact you within 2 days
Types of vulnerability
Vulnerable witness- victim of serious crime, under 18, have mental health conditions/ lack mental capacity, have a disability, are close relatives to someone who died due to a crime, been a victim of crime repeatedly
Intimidated witness (serious crimes)- arson with intent to endanger life, attempted murder, domestic abuse, kidnapping/ false imprisonment, a hate crime, human trafficking, a sexual offence, terrorism, wounding/ grievous bodily harm with intent