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Rights of Individuals - Coggle Diagram
Rights of Individuals
Rights of victims
Vulnerable victims
Addition measures, Family Liaison officer is assigned if they are a close relative of the victim
under 18, mentally or physically disabled
during the investigation
- Provided with info about investigation and referred to support victim service
info - right to know if a suspect is ; arrested, charges, set free, released. right to know if CPS drops the charge and have this reviewed
The right to privacy, name cannot be given to media without permission. media cannot publish name or photo of rape or sexual assault victim
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When reporting the crime
Entitled to :
-Access to victim support
- the opportunity to write a victim statement
- assessment for victim support, to be told what will happen next
- the name and contact number of police officer investigating case
- crime reference number
- to be told how often you will be updated
Rights of suspect
Stop and account - a police officer might stop you and ask: Your name, what you're doing, where you're going
- you do not have to stop and answer any questions, if you do not and there's no other reason to suspect you, then this alone cannot be used as a reason to search or arrest you.
Stop and Search - A police officer has powers to stop and search you if they have ' reasonable grounds' to suspect you are carrying:
- illegal drugs
- a weapon
-stolen property
- something which could be used to commit a crime, such as a crowbar.
- you can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer.
Power of arrest - under section 24 of police criminality Evidence act (1984) police may lawfully arrest you without a warrant from court if:
- you have been involved, attempted to be involved or are suspected of being involved in committing an offence
- the officer has reasonable grounds to believe that the arrest is necessary
when you are arrested, the police must: identify themselves, tell you, you're being arrested, tell you what crime they think you've committed, explain why its necessary to arrest you, explain you're not free to leave
Handed in the hands of the Custody team, whose role is to:
-ensure the suspect is handled with due care and processed correctly whilst in the custody suit
- all laws followed
time limits followed
- carry out a search of the suspect and ensure personal items are looked after
In custody the officer must explain your rights:
- Free legal advice ( s58 of PACE)
- tell someone where you are (s56 of PACE)
- have medical help
- see the rules the police must follow ( codes of practice)
- see a written notice telling you about your rights, e regular breaks
- under 18, entitles to an 'appropriate adult'
- The police have the right to take photographs of a suspect
- they can take finger prints and a DNA sample, eg from a mouth swab or head hair root, as well as swab the skin surface of hands and arms. They don't need permission to do this and can use reasonable force if necessary.
- The police need both a suspect and authority of senior police to take samples like blood; THIS DOESNT APPLY FOR DRINK OFFENCES
All samples stored on database, right to ask that this be removed, police will only do this when: the offence no longer exists or anything in the police process was wrong.
The police may question a suspect when they have them in custody. all police interviews must be recorded on tape with many forces now also using video tape. The 2 main rights attached to this for a suspect is:
- the right to remain silent
- the right to legal advice
The right to remain silent; a suspect does not have to answer questions when they are asked but there are consequences to this. If their defence at trial relies on something that they failed to reveal to the police at interview, their silence at the time can be used against them. However, executing your right does not immediately prove guilt; The prosecution must provide other evidence against the suspect during the trial to secure their conviction.
Right to legal advice: - A suspect has the right to free legal advice/ aid if they're questioned at a police station. including a solicitor present at interview
- a suspect must be told of this right prior
- can change their mind later if they turned it down
- The police normally cannot question a suspect until their legal advice arrives.
- in serious cases the police can make the suspect wait up to 36 hours for advice or 48h in the case of terrorism
Length of detention - the police can hold a suspect for up to 24 hours (36 hours for an indictable offence eg murder) BEFORE they must either charge you or release. After that the police can detain for 96 hours with magistrate approval. A suspect held without charge for up to 28 days if arrested under the terrorism act (2006)
Bail involves a temp release of a suspect if the police think that they:
- commit again
- fail to turn up at court
- intimidate other witnesses
- obstruct the court of justice
This means their freedom will be restricted eg curfew
If convicted, they have the right to appeal: decision, the type of court, or the sentence
If tried in a magistrates court, you can automatically appeal: against conviction or sentence
If tried in crown court, you have no automatic right of apeal - a judge will decide whether to allow it
Rights of witness
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witness charter
The witness Charter sets out standards of care that a witness should be provided by the police, crown prosecution, witness services.
- witness will have a main point of contact through process who will keep them informed
- measures to ensure the court is safe environment
- prosecution witness will be informed of any apeal
- info about court process in advance of giving evidence so they know what to exepct