Notes

Rights and Measures for Suspects

Suspects in the UK are granted a number of rights under the Police and Criminal Evidence Act (PACE) 1984, which provides a framework to balance the powers of the police with the rights of individuals. One of the key rights under PACE is the right to be informed of the reason for arrest (Section 28). Suspects also have the right to legal representation, with Section 58 ensuring access to a solicitor, whether free under legal aid or privately hired. This right is crucial during police questioning, where PACE also provides protections through the requirement that interviews are recorded and conducted in compliance with the Codes of Practice (specifically Code C). Suspects also have the right to remain silent, but this must be weighed against the potential for negative inferences being drawn from their silence under the Criminal Justice and Public Order Act 1994.

PACE also sets out limits for detention periods: a suspect can generally only be held for 24 hours without charge, extendable to 36 hours for serious offenses with police authorization, or up to 96 hours with judicial approval (Section 41). Under the Terrorism Act 2000, this can be extended further in terrorism-related cases. Searches of a suspect’s person and property must be conducted lawfully under PACE, with Section 1 governing stop and search powers, and Sections 17 and 18 setting rules for searching premises. The Human Rights Act 1998 further ensures that any action taken against a suspect must comply with the European Convention on Human Rights, particularly the right to liberty (Article 5) and the right to a fair trial (Article 6).

Rights and Measures for Witnesses

Witnesses are provided protections and support under UK law to ensure they can give evidence without fear or intimidation. The Youth Justice and Criminal Evidence Act (YJCEA) 1999 introduced several measures to protect vulnerable and intimidated witnesses, particularly children or those with mental health issues. Special measures may include giving evidence via video link, behind screens, or with the presence of intermediaries to assist with communication. These provisions ensure that witnesses can testify without being physically present in court, reducing the stress and fear of confrontation, especially in sensitive cases such as sexual offenses.

Under the Criminal Procedure Rules 2020, witnesses are also entitled to protection from unfair questioning, and cross-examination must be conducted in a way that does not harass or intimidate them. For witnesses who may be at risk of harm, protective measures, including anonymity orders and protection from media disclosure of their identity, can be applied under the Contempt of Court Act 1981. Witnesses also have the right to seek support from the Witness Service, a statutory service provided by the Citizens Advice Bureau, which offers practical and emotional support before, during, and after the trial process.

Rights and Measures for Victims

Victims of crime are afforded specific rights under the Victims’ Code, which sets out the minimum level of service they can expect to receive from the criminal justice system. One key right is the entitlement to receive regular updates on the progress of the case, from the point of reporting the crime to its final resolution. Under the Domestic Violence, Crime and Victims Act 2004, victims are entitled to make a Victim Personal Statement, allowing them to express the impact of the crime on their life, which can be considered during sentencing. Victims also have the right to be kept informed of the suspect’s release from custody or any significant developments, particularly if they are deemed to be at risk.

In addition, PACE 1984 and subsequent legislation provide protections for victims of crime, particularly in relation to how they are treated by police and other authorities. The Victims’ Right to Review Scheme, introduced in 2013, allows victims to challenge decisions not to prosecute in certain cases. Vulnerable victims, such as those involved in domestic abuse or sexual violence cases, may also receive additional support under the YJCEA 1999, which provides for special measures similar to those afforded to vulnerable witnesses. This includes testifying via video link or behind screens to minimize the trauma of reliving their experience in open court.

In summary, suspects, witnesses, and victims each have distinct rights and measures of protection, aimed at ensuring fairness and support within the criminal justice system. PACE 1984 plays a fundamental role in safeguarding these rights, while additional statutes and codes provide further protections and accommodations where necessary.