Understanding Your Rights During Criminal Investigations in the UK

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157

Luna

10/09/2022

Criminology

Unit 3 - AC1.4: Examine the rights of individuals in criminal investigations

Subjects

Criminology

Understanding Your Rights During Criminal Investigations in the UK

The Police and Criminal Evidence Act 1984 (PACE) outlines key rights of suspects in police custody in the UK. Suspects must be informed of their arrest reason and have three main rights: free legal advice, written notice of rights, and notification of someone about their arrest. The UK police caution wording informs suspects of their right to remain silent. Victims' rights are detailed in the Code of Practice for victims of crime, including privacy protection and case updates. The Witness Charter, though not legally binding, sets standards for witness care during criminal proceedings.

Key points:

PACE establishes crucial suspect rights in UK criminal investigations
Victims have specific rights under the Victims' Code, including enhanced protections for vulnerable individuals
The Witness Charter outlines standards for witness treatment, including special measures for vulnerable witnesses

10/09/2022

Unit 3-AC1.4: Examine the
rights of individuals in criminal
investigations
The rights of suspects:
After being arrested, due to the Police a

Rights of Victims and Witnesses in Criminal Investigations

This page explores the rights of victims and witnesses in criminal investigations and proceedings in the UK.

The Code of Practice for victims of crime outlines the rights of victims. When reporting a crime, victims are entitled to:

A crime number
Written confirmation
Contact details of the officer handling the case

Police must keep victims updated on case progress and offer them the opportunity to create a victim personal statement. Victims have a right to privacy during investigations, with police needing permission to involve media. For sensitive crimes like sexual assault, it's illegal to disclose identifying information about victims.

Highlight: The Victims' Code rights ensure that victims are kept informed and have a voice throughout the criminal justice process.

During trials, victims have several rights:

The Crown Prosecution Service $CPS$ must inform them of trial dates and locations
A Witness Care Officer must communicate case results $verdict, sentencing, appeals$ within 24 hours

Definition: Vulnerable victims are those under 18, with disabilities or mental illnesses, or victims of repeated crimes like stalking or harassment. They receive additional support and faster information about their cases.

The Witness Charter sets out the rights and standards of care for witnesses throughout a case, although it is not legally binding. Key rights of witnesses in criminal investigations include:

A designated contact person for case updates
Advance information about the case to aid preparation
Special measures for vulnerable witnesses or those facing intimidation $e.g., video link testimony, screens to conceal identity$
Adaptations for young witnesses, such as lawyers and judges removing wigs to appear less intimidating

Example: A vulnerable witness might give testimony via video link to avoid direct confrontation with the accused in court.

Vocabulary: CPS - Crown Prosecution Service, the principal public prosecuting agency for conducting criminal prosecutions in England and Wales.

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Subjects

Criminology

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Understanding Your Rights During Criminal Investigations in the UK

Luna

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Rights of Victims and Witnesses in Criminal Investigations

This page explores the rights of victims and witnesses in criminal investigations and proceedings in the UK.

The Code of Practice for victims of crime outlines the rights of victims. When reporting a crime, victims are entitled to:

A crime number
Written confirmation
Contact details of the officer handling the case

Highlight: The Victims' Code rights ensure that victims are kept informed and have a voice throughout the criminal justice process.

During trials, victims have several rights:

The Crown Prosecution Service $CPS$ must inform them of trial dates and locations
A Witness Care Officer must communicate case results $verdict, sentencing, appeals$ within 24 hours

Definition: Vulnerable victims are those under 18, with disabilities or mental illnesses, or victims of repeated crimes like stalking or harassment. They receive additional support and faster information about their cases.

The Witness Charter sets out the rights and standards of care for witnesses throughout a case, although it is not legally binding. Key rights of witnesses in criminal investigations include:

A designated contact person for case updates
Advance information about the case to aid preparation
Special measures for vulnerable witnesses or those facing intimidation $e.g., video link testimony, screens to conceal identity$
Adaptations for young witnesses, such as lawyers and judges removing wigs to appear less intimidating

Example: A vulnerable witness might give testimony via video link to avoid direct confrontation with the accused in court.

Vocabulary: CPS - Crown Prosecution Service, the principal public prosecuting agency for conducting criminal prosecutions in England and Wales.

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Rights of Individuals in Criminal Investigations

This page examines the rights of suspects in criminal investigations in the UK, as established by the Police and Criminal Evidence Act 1984 $PACE$ .

After an arrest, police officers must inform suspects of the reason for their arrest. At the police station, a custody officer explains their rights, and in some cases, suspects may be discharged within 24 hours. PACE outlines three main rights for detained suspects:

The right to free legal advice through a solicitor
The right to a copy of police rules and a written notice of rights
The right to have someone notified of their arrest and location

For suspects under 18, a suitable adult must be present. While at the police station, suspects may be fingerprinted and questioned, but they have the right to remain silent UK. This right is communicated through the UK police caution wording, which states that anything said or not said may be used as evidence.

Quote: "They do not have to speak but anything they do or do not say may be used against them."

Suspects tried in magistrate's courts have the right to appeal against convictions or sentences, depending on circumstances. For crown court trials, appeals are not automatic and require a judge's approval.

Highlight: The rights of suspects in police custody are crucial for ensuring fair treatment and protecting individuals from self-incrimination during criminal investigations.

Vocabulary: PACE - Police and Criminal Evidence Act 1984, a key piece of legislation governing police powers and protecting the rights of suspects in England and Wales.

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