AC1.4

Examine the rights of individuals in criminal investigations

Rights of Suspects

Police and Criminal Evidence Act 1984 (PACE)

Police and Criminal Evidence Act 1984 (PACE) codes of practiceThe Police and Criminal Evidence Act 1984 codes of practice regulate police powers and protect public rights.

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/903810/pace-code-a-2015.pdf

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/903811/pace-code-b-2013.pdf

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/903473/pace-code-c-2019.pdf

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/903814/pace-code-g-2012.pdf

Being arrested: your rightsThe police have to follow strict rules if you're arrested, questioned or charged with a crime - you can get legal advice at a police station

Brothers Liam and Dijon Joseph sue Met over 'fist bump' stop-and-searchLiam and Dijon Joseph's lawyers are suing for discrimination and false imprisonment.

Rights of appeal

Victims and witnesses

After a crime: your rightsIf you've been the victim of a crime, you have the right to privacy, to make a personal statement and to contact the police and be kept informed about the investigation.

Victims' Code - Victim Support

Restorative justice

This video looks at what restorative justice is, how it can help a victim of a crime and what the benefits are of using this.

Going to court to give evidence as a victim or witnessGet help if you're a victim or witness who needs to give evidence in court. Find out how to review your statement, protection you can get in court and how to claim expenses.

Going to court as a witness - A series of animated videos

Going to court as a witness: 1 Introduction

Going to court as a witness: 2 Witness Care Unit

Going to court as a witness: 3 The Justice Process

Going to court as a witness: 4 The essentials

Going to court as a witness: 5 Which court?

Going to court as a witness:6 Who's who in the court room

Going to court as a witness: 7 The trial - what to expect

Going to court as a witness: 8 Frequently asked questions

CPS guidance - for victims and witnesses

www.cps.gov.uk/victims-witnesses

After the trial

After the trial the Police Witness Care Unit will inform you of the outcome of your case. If the defendant is found:

Not guilty (also known as 'acquitted'), this means that the charge against the defendant could not be proven beyond a reasonable doubt.
Guilty, the judge or magistrates will decide on their sentence

If the WCU or officer can't answer all your questions about the sentence they should put you in touch with your local CPS Victim Liaison Unit, who will be able to help.

Sentencing guidelines are produced by the Sentencing Council and help judges and magistrates decide the appropriate sentence for a criminal offence. You can find more information about sentencing works here.

Appeals

The offender can ask for the court’s decision on conviction or sentence to be reviewed by a higher court. The Witness Care Unit will tell you when and where the appeal hearing will take place.

You will be able to go, if you want to. You may also be asked to give evidence. They will also tell you and that one is taking place what the outcome is, including any change to the sentence.

In most cases, if the defendant is found not guilty, the CPS is unable to appeal against this decision. However, your local Victim Liaison Unit will be able to assist if you have any questions.

Unduly lenient sentences

If the CPS feels a sentence is unduly lenient, the CPS will ask the Attorney General to consider the case. Any member of the public may also contact the CPS, or the Attorney General directly, if they have concerns that a sentence is unduly lenient.

A sentence is unduly lenient: "...where it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate."

There is no right of appeal against a sentence imposed by a Magistrates' Court and only certain offences are able to be reviewed. The power applies only to sentences that are unduly lenient and not to sentences that are simply lenient.

The Attorney General is responsible for referring Crown Court sentences to the Court of Appeal if he believes that a sentence may be unduly lenient. The referral to the Court of Appeal must be made within 28 days of the date of sentence. The 28 day time limit is absolute and there is no power to extend the time limit or to apply for leave to refer out-of-time.

More information about the process is available here.