Police And Criminal Evidence Act - 1498 Words

create an understanding and response to this statement, I will first explain the legislation that police have to abide by when it comes to the treatment and rights of a suspect before they have turned into the ‘defendant’. This will have a main focus on Code A and Code C within the Police and Criminal Evidence Act (PACE) 1984 and parts of the Criminal Justice and Public Order Act (CJPOA) 1994. I will then address the two models of criminal process created by H. Packer; these models both have different values and create a debate on whether the rights of the defendant should be protected rather than the victim. The Human Rights Act 1998 will then be used to show that it can be used to help terrorists stay in the United Kingdom. To conclude I will give my opinion on the statement and explain how the research I have found backs it up. In the 1970s there was a debate in the treatment and evidence collected about the arrest of suspects in conjunction with the bombings of Birmingham and Guildford. This then caused the Home Secretary to appoint a Royal Commission on Criminal Procedure (RCCP), which later helped introduce the Police and Criminal Evidence Act (PACE) 1984 (Newburn, 2003, p.93). PACE sets out the powers that police have to stop and search, arrest and how they should treat suspects when they are detained and questioned. It aims to protect the rights of individuals (PACE, 1984). Under code A of PACE, the police need ‘reasonable grounds for suspicion’ to stop and search aShow MoreRelatedPolice And Criminal Evidence Act869 Words   |  4 PagesWitness identification evidence is the second most incriminating type of evidence bar a confession (Brandon Davies, 1973 – as cited by Valentine Heaton, 1999). However, The Innocence Project reports it is also the leading cause of wrongful convictions in the US, more specifically, 72% of DNA exoneration cases since 1989. The aim of line-ups is to give the witness a fair test of recognition. Additionally, the suspect (who may be innocent) must also be given a fair chance. In the 1976 the DevlinRead MoreThe Police And Criminal Evidence Act1965 Words   |  8 Pagesrights within society. Legal Rights The Police and Criminal Evidence Act (1984) The Police and Criminal Evidence Act (PACE) lays out the rights of suspects and the powers of the police. The act is split up into 8 sections, together the act covers: stop and search, arrest, detention, investigation, identification and interviewing detainees. The fist section is code A; this states a police officer’s powers to search a person or vehicleRead MorePolice and Criminal Evidence Act 19841883 Words   |  8 PagesThe police have a range of powers to stop and search people. The most widely used of these is under Section (s) 1 of the Police and Criminal Evidence Act 1984 (PACE) which allows the police to stop people or vehicles in public places and search them for stolen goods and other articles. However, in line with most stop and search powers, this only applies where the constable has ‘reasonable suspicion’ that these articles will be found. Prior to PACE, there existed a patchwork quilt of police powersRead More The Police Powers of Search, Arrest, and Interrogation Essay2031 Words   |  9 PagesThe Powers of Police Individuals have civil rights; people are entitled to be allowed to move freely and to have their person and their property respected. However the police must have sufficient powers to investigate crimes. Therefore Parliament has given the police special powers that can be used in certain circumstances. These powers include the rights to stop and search suspects, to arrest and interview people when necessary and to take fingerprints and samples (bloodRead MorePolice Power Etc.1676 Words   |  7 PagesScenario 3 Weatherbell and Farzal are Police Constables on duty when receiving a call from All That Glitters - jewellers in the shopping centre about a woman who is believed to be a theft.The information they have got about the suspect is : young,tall woman with long blonde hair wearing jeans and black jacket carrying a black rucksack. As the police constables mentioned above drove past Station Square they see young woman meeting the description they have. When officer Weathrbell runs after theRead MoreThe Importance of the Police Officers Statement when Responding to a Crime1483 Words   |  6 Pagesanalysing the Police Statement and the reasons that the Jurat has to be included in a statement. I will be making reference to current legislation, NSWPF operational guidance and other reference material contained within the 201415 PPP232 Interact Site. In the second part of the following essay I will be nominating one source of evidence that is present at the scene of a scenario. I will be discussing in my own words how Police should collate, handle and analyse the piece of evidence in a Criminal InvestigationRead MoreShould the Police Be Allowed to Impose Brain Scans on Suspects?813 Words   |  4 PagesShould the police be allowed to impose brain scans on suspects, assuming that brain scans can help proving mens rea? The English criminal justice system is based upon a â€Å"range of decisions and procedures from the investigations and questioning of people† which develop the common sense ideas of free will and responsibility for conduct. Imposing Brain scans on suspects by the police excludes the system from procedures of investigation and questioning, which is known to be justice. Brain scans canRead MoreTo what extent does the law balance out the rights of the victims, offenders and society in the criminal investigation process?1005 Words   |  5 Pagesï » ¿Question: To what extent does the law balance out the rights of the victims, offenders and society in the criminal investigation process? The role of the criminal investigation process is to balance the rights of the victims and offenders in society. All individuals’ wether victim, offender or member of society have basic rights to which the law attempts to adhere to. While all are individual, the rights will differ for the purpose of maintaining a balance in society. Though upholding the rightsRead MorePolice Powers And Responsibilities Act 2000935 Words   |  4 PagesThe Police Powers and Responsibilities Act 2000 (Qld) was introduced in Queensland on the 23rd of March, presenting a significant simplification and codification of the law involving the police powers. Police Powers and Responsibilities Regulation 2012 (Qld) works concurrently with The Police Powers and Responsibilities Act to ultimately publicize the law to police officers and the public in regards to police powers. Together, these effectively outline the obligations and safeguards which must beRead MorePrivate And Public Criminal Investigatio n1308 Words   |  6 PagesPrivate and Public Criminal Investigation Comparison Paper Police officers are public officials that have a legal and ethical duty to members of the public including the suspect in a criminal investigation. Private security investigators are hired by a business or organization and are not held to the high legal and ethical standard faced by the police but they also do not have the same power of discretion. Law enforcement is responsible for investigating crimes that occur within their jurisdiction