There are number of rules and regulations regarding your rights if you are suspected of a crime. If the police do suspect someone they also have a number of powers and rights as set out in codes of practice.
Powers of the Police
If the police suspect a person has committed an offence they do have a number of legal powers. The police and the actual rights of the suspects are set out in the Police and Criminal Evidence Act 1984. If the police have reasonable suspicion that an offence has been or may be committed they do have the power to stop, detain, and search a member of the public and their vehicle. The public should always ask why the search is taking place. If the police do not have good reason then the search should not continue.
Grounds for Suspicion
Police officers need to have reasonable suspicion before they can stop and search a member of the public. If an officer simply has an instinct then that is not justifiable enough to commence a stop and search, although it may warrant justifiable observation of a suspect. Reasonable suspicion can include observing a person acting suspiciously enough to warrant a stop and search.
Searches and Discrimination
Searches by the police must be undertaken responsibly and fairly. The power to stop and search can and has been abused by the police in the past, and this can be an infringement of the public’s rights. Any type of discrimination that is used in the stop and search process can be deemed unlawful discrimination. The police cannot discriminate on the grounds of race, colour or nationality. They also cannot discriminate against certain groups such as football fans, although this does happen.
Legal Rights of Suspects
The police also have a right, if they suspect someone of a crime, to arrest the person and take them to the police station. Suspects can refuse to go to the police station if they have not actually been arrested. They can also confiscate a person’s personal belongings, although this must be undertaken in front of the suspect and recorded. The suspect should receive the belongings back with a list of the belongings before they leave the station.
At the Police Station
Suspects also have the right to notify someone that they are being held in the police station. If a search is to take place then the suspect has the right to ask to be searched by someone of the same sex. If the police do question a suspect the suspect is not under any obligation to answer. However, not answering questions can be used in evidence if the case comes to court.
Detainment at the Station
The rights of suspects detained at police stations are set out in the Police and Criminal Evidence Act 1984 (PACE). There is a code of practice that determines the rights and powers of both the police and the suspects on detention at the police station. The officers at the station must recognise the suspect’s rights and these will include:
- The right to medical treatment if it is warranted
- The right to an interpreter to check documentation if needed
- The right to let someone know where the suspect is
- The right to legal advice from a solicitor
- The right to refrain from answering police questions
- The right to decent conditions while in detainment including access to toilets, washing facilities and clean bedding
- The right to be dealt with as quickly as possible and released as soon as possible
- Suspects must be allowed at least eight hours of continuous sleep in any 24 hour period
The Interview Process
If the police are to interview a suspect at the station then there are some rules that apply. Interviews should always take place in the police station, although special circumstances apply. The suspect should be told why they are being interviewed and the nature of the offence. A record should be made of the interview and this can be either written or recorded on videotape. Suspects have the right to read or see the interview after it has been recorded.
Further information on the rights of suspects can be found in the PACE codes of practice. If any of the above rights have been infringed or breached then a complaint should be made to the local police station. The Independent Police Complaints Commission (IPCC) can also be contacted regarding complaints against the police.
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