Your Rights as a Suspect of a Crime

The rights of suspects before, during and after arrest are the subject of endless volumes of case-law, articles and debate. This is due, in part, to tireless campaigning by Human Rights groups but also as a result of accused defendants escaping prosecution because of deemed unfair behaviour on the part of the Police, Prosecutors or their own defence Counsel.

The result is a situation where many people, by virtue of sensational media headlines, feel that the law is weighted too heavily in favour of criminals. I don’t think this is the case. We need to bear in mind that these rules, laws and codes of conduct ensure that the innocent are not treated unfairly as well, as the guilty. After all, if we were wrongly accused, we would want to be treated as human beings and to ensure that every effort is made to uncover our innocence.

As already said, the individual nuances of suspects rights are lengthy; far too detailed to go into in one page. The general features are as follows:

Stop and Search

This is usually the first step, and the first contact that people will have. Unless, of course, the Police already have a reason to be looking for you.

To be able to stop and search you the Police have to have a strong, sound reason for doing so, for instance they have a reasonable suspicion to suspect you of committing a crime. They can’t just stop you on a whim, or because they are looking for something to do. As the person being searched you have the right to ask them to explain the basis upon which you are being searched. If they do not have a valid search power (i.e. cannot justify their suspicion) then you are entitled to refuse. This doesn’t apply if you are entering a building or area that has a search as an entry condition.

Conduct of Interviews

Whether under arrest or not, if you are interviewed by the Police then you have the right to a certain level of treatment. The main principle is that people must be dealt with as quickly as possible and released as soon as the need to keep them has passed.

Before any interviews can take place every person must be assessed for their fitness to answer questions and whether or not any special treatment or facilities are required, for instance an interpreter or medical examination. Once assessed for fitness then you must be cautioned, stating that you have the right to legal representation and why you are being interviewed. The interview will normally be recorded and you must be given the opportunity to review any statement that you give.

The interview can continue until the Investigating Officer is either satisfied that you have not committed a crime or that there is sufficient evidence to arrest you pending a formal charge. As I said before, there are reams of information regarding the conduct of interviews and I have simply picked out the most important. If you are ever in a Police Station being questioned then you can be given details of your full rights.

Treatment Following Arrest

The very first thing that should happen is that you must be told that you are under arrest, why you are under arrest and how the Arresting Officer came to the conclusion that you are a suspect.

An arrest can take place anywhere; your home, on the street or anywhere that is under the jurisdiction of the laws you are being arrested under. You should then be taken directly to the Police Station for formal caution and interview. There are circumstances under which you could be taken elsewhere, but this is only if your presence is required to conduct a search or to further the investigation.

Whether we like it or not, the Police have the right to use reasonable force to bring in a suspect, stop an offence or take someone into custody. It would be wrong to hamstring our Police force with a requirement to not tackle a suspect or prevent someone from escaping custody, I think most people agree. Of course this does not mean that suspects can be subjected to inhumane treatment, abuse or torture.

In Summary

As I have said before, the laws governing the rights of suspects are lengthy and cannot possibly be covered in one article. Suffice it to say that every person, no matter what their supposed crime, is innocent until proven guilty and must be treated as humanely and reasonably as possible.