Due process is sufficient to protect a suspect's human rights (Discuss:focus on Arrest/custody/interview) - Essay Example

? Due Process is Sufficient to Protect a Suspect’s Human Rights (Discuss: Focus on Arrest/Custody Interview) Introduction The police are ized to stop, interrogate and make a search on a case to case basis. This scenario often leads to an arrest if the police officer strongly suspects that a particular individual has committed a crime. Once at the police station, the police personnel who will handle the interrogation must adhere with the rules and regulations set forth by the Ministry of Justice regarding the rights of the arrested person. Such rights primarily include getting free legal advice from a solicitor who is on duty or the detainee’s own private solicitor (Legal Services Commission, n.d.). In relation to the above, it is imperative that arresting police officers and interviewing officials who handle the first round of questioning or interrogation with respect to a particular case must know the guidelines set forth by the Ministry of Justice so no human rights violation is incurred at the first phase of inquiry. Handling a case in the correct manner at the beginning often yields better results when it is time to gather evidence once a suspect has been indicted for a crime. Hence, individuals arrested or detained by the police must be duly informed about their various rights as a detainee. This comprises of but is not limited to the right to call someone, a friend or a relative, in order to notify them that he or she has been arrested and being advised that they can be provided with the services of an independent solicitor and consult with them in private. Such privileges likewise include the right to have a break every eight (8) hours especially when the interrogation has been going on for a certain length of time. If at the time of detention the arrested suspect has not been charged with any offence, he or she must be released within a maximum time of twenty-four (24) hours after being arrested (In Brief, n.d.). Body This part of the paper will discuss in general important points for committing burglary and rape offences per se; and the general procedures for interviewing suspects and what routinely happens when a case becomes cold due to the reason that no suspect related to the crime has been arrested and no new evidences has transpired for a certain length of time will likewise be threshed out. Sexual Offences Sexual activity that includes persons who are below the age of consent is considered illegal even though consent is established at a later time during the course of the entire investigation; especially when one of the partners in the act is in a more advantageous position over the other. These circumstances transpire in two ways, first is when sexual activity is done with children who are under the age of sixteen (16) or eighteen (18) because the law perceives there to be a one-sidedness of authority diminishing trust (in cases of familial sexual acts) or an abuse of power which usually transpire between a teacher and a pupil. Second, sexual offence can be similarly committed between two consenting adults, but one partner is regarded to have a mental incapacity making him or her vulnerable to be taken advantage of and forced into having physical intimacies. Penalties for sexual offences depend upon the factors surrounding the case and the seriousness of the offence that has been committed. Penalties are generally lowered when the age gap between the victim and offender is quite narrow since immaturity is taken into consideration in such types of cases (Sentencing Guidelines Council (a), April 2007). Burglary Offences The applicability guideline for burglary offences are categorized into three (3) levels of seriousness where each category is appropriated with specific sentences in relation to the offence committed. In various burglary crimes the offenders are evaluated depending on the harm the victim has sustained from the incident and the guilt of the offender in having carried out the crime. The harm sustained by the victim in burglary crimes is not limited to physical since the emotional and psychological trauma are also taken into consideration. The penalties that may indicate additional harm if the victim is at home during the time the crime was being committed; if further intrusion has been done and if the thing or items stolen had a great personal value to the victim where destruction and loss of said properties can affect his or her livelihood and economic standing. Culpability on the other hand signifies the depth of the intention of the offender, meaning the burglar has been planning to do the crime for some time and has sufficient paraphernalia being carried in order to do the crime. Lesser penalties are imposed when the thing stolen has a very low value and if the damaged incurred on the stolen property is not very extensive. Likewise, lower penalties are carried out if the offender or offenders have done the crime on impulse without prior planning, has a limited invasion on the property, was bullied by others to commit the crime, or has mental disorder that is relative to the crime committed. When burglary offenders are suspected or will have been proven to have done the crime repeatedly, regardless of prior plea bargain agreement or previous convictions, a case that reveals various types of culpability or liability will normally warrant an adjustment on the sentencing in relation to the mitigating and aggravating factors involved (Sentencing Council, n.d.). Arrest and Detention of Suspects The detention of suspects before being charged and after being charged as per sections 34 to 45A of the Police and Criminal Evidence Act 1984 or PACE states that once a person has been arrested and taken to the police station for preliminary questioning the detention shall be reviewed periodically and if subject to further detention must be approved by a police officer whose rank is not lower than a superintendent after the minimum of twenty-four (24) hours and if the detention exceeds thirty-six (36) hours until the ninety-six (96) hours maximum limit must be authorized by a magistrate (Police Detention and Bail Act, 2011). General Procedures for Interviewing Suspects The idea of conducting an immediate interview with the people involved in a case often does not take place immediately when crimes occur. The reason behind this is that the first police officer who responds to the crime usually need to secure the crime scene, get medical attention if necessary and make initial decisions on how to proceed with the incident. Questions asked at the time the crime has occurred are done initially in order to take into account what transpired, who were currently present at the crime scene and the persons involved with the crime itself if the assailants or suspects are present. The preliminary investigation includes a forensic and medical examination of the victim; an examination of the crime scene; interviewing of other witnesses; arrest of suspects; and witness support (Ministry of Justice (a), March 2011). The formal interviews are normally done in the police station where the suspect or suspects are read their rights and where other police professionals conduct the official interrogation with proper recording equipment and documentation. Formal interviews at the police station are done by several people, however, a lead investigator – considered the best to lead the examination must be chosen for transparency and credibility. The lead investigator must be someone who is very familiar with conducting such interviews especially the details surrounding the case that are relevant to validate specific offences involved. Said investigator must likewise be able to communicate well with persons of interest and suspects so rapport can be established early on lessening the chances of making the entire session distressful to either witnesses or suspects implicated with the case. Additionally, an interview monitor must be at hand to make sure that the entire interrogation procedure is done professionally. This particular set of people is regarded as secondary interviewers who are often located in another room next to the interview room. The primary role of the interview monitor is to fill in the gaps which arise during the interview that can be reviewed at a later time. Having an interview monitor eliminates the presence of too many people in the interview room which usually makes the interviewee feel less intimidated and more at ease in an unfamiliar environment. Aside from the main interviewer and the interview monitor, there are other recording equipment present in the interview room. All recording equipment for the sole purpose of recording an interview must have equipment operators present during the interview, so that any unseen mechanical failures can be detected and repaired at once. Detainees or suspects who need interpreters must be provided with one because they have the right to speak in the language they prefer. But if it so happens that no interpreter is available for their first language then both the suspect and the interviewer must settle to communicate with the suspect’s second language or in a language which the investigator and the suspect can understand each other. This certain scenario must be taken into great consideration prior to when an official interview is being planned; especially if the suspected individual is bilingual. It is also vital that there must be consistency between the visual/audio recording of the interview and the statements recorded in the Criminal Justice Act statement. So a prior assessment of the recordings during the interview with the lead investigator and the statements made within the Criminal Justice Act must coincide with each other. The assessment must be done before the suspect involved in the investigation is requested to review and sign it. Aside from the recordings, detailed notes must be taken down by the interview monitor, which must be in constant progress while the interview is going on. The notes are intended to brief other officials involved in the case and is the official responsibility of the interview monitor. Although the lead interviewer usually takes down brief notes for the duration of the interview, said notes are not officially intended for the briefing of other official personnel involved in the case because this usually distracts the flow of conversation between the suspect and the investigator; making it quite difficult to get back on the right track especially if the interview has been going on for quite a while (Ministry of Justice (b), March 2011). Cases with no Suspects and New Evidences All criminal cases differ from each other since there are some cases where the perpetrators of the crime have immediately been arrested or if no immediate suspects are taken into police custody there are persons of interest who are being investigated by the police. However, some criminal cases exist where there is no known suspect but the offender leaves a certain trademark or modus operandi that can be linked to the same person in a series of crimes because of the way the crimes have been constantly perpetrated. There are also cases where there is no known suspect charged or arrested with the crime. These kinds of cases entail the police to inform the victim at a regular monthly interval as this will provide the victim with updates on how the case is progressing and also gives the indication that the police authorities are actively pursuing it until such time that a certain closure can be reached. One considers that in these instances potential suspects’ due processes become prominent issues, as investigators must parse together disparate facts and evidence. Such an issue occurred in a rape case involving a twelve year-old girl named Mary. As there were no witnesses in the case investigators were required to narrow potential suspects by transports driven in the area and at the appropriate time. After Mary identified a vehicle that appeared like her attacker’s vehicle, investigators narrowed down the suspects and eventually made an arrest. In this instance it seems that due process was effective in protecting the suspect’s human rights. The main considerations in these regards were the witnesses’ age as competent enough to make the vehicle identification, the suspect’s prior criminal background, as well as the items found in the car. One considers the combination of these elements creates a situation where there is a high enough preponderance of evidence to arrest the individual. When a cessation or closure of a particular case has been reached because it became cold or there are currently no new leads that can be pursued, the police must inform the victim or in case of death the victim, the victim’s family as to why the case is now being closed and not followed actively. In these types of circumstances periodic reviews are usually rendered and must be discussed with the victim or the victim’s family who is or are given the chance to decide whether they wish to be advised of any new information or if the case re-opens since new leads or evidences has resurfaced. Any discussion or decision made by the victim or the victim’s family must be recorded by the senior investigating officer present at the time of discussion. The police must consider the express requests of the victim or his/her kin before making any contact with them should there be a possibility that the case will be laid open to new investigations (Criminal Justice System, 2005). Conclusion While it is true that people who are suspected to have committed a crime or a series of crime should be dealt with an iron fist, due consideration for their human rights is given at the time of their arrest and during their custody and interview in the police station. This fact is in general conjunction with reports pertaining to the United Kingdom intelligence services’ torture of suspected terrorist and some United Kingdom nationals that paved way for the Parliamentary Joint Committee on Human Rights and the House of Commons Foreign Affairs Committee to cite reports about the abuse and to request for an autonomous investigation about the accusations. These practices of torture and abuse by intelligence and security units of foreign nationals as well as the restrictions imposed on the liberty of suspected terrorist are violations of their rights to be entitled to a fair trial or fair hearing (Humans Right Watch, 2010). In effect, the preceding paragraph presents that all suspects who are arrested and have been taken in police custody still have rights which must be observed until they have been proven guilty of the crime they were charged with in the first place. Although crime perpetrators are accorded due rights, the victims and witnesses also of the crimes must be given their due rights during the process of the entire investigation of the cases they are involved in. Hence, the Victims’ Code of April 03, 2006 ensures that victims or their family in the absence or death of the victim are duly informed of the progress of the case and the important details decided on by the Crown Prosecution Service. There is no specific kind of communication indicated as to how the Crown Prosecution service will contact the victim, but the Direct Communication with Victims (DCV) state that communication will generally be in writing. If the victim or the victim’s family do not wish to have the services of the CPS or the Crown Prosecution Service, their express requests in relative to the case and how they should be communicated with must be respected, followed and properly recorded for appropriate documentation (Crown Prosecution Service, n.d.). The different factors which indicate a serious degree of harm includes the victim’s vulnerability and the considerable loss of a particular property which has a high value including a sentimental value that causes a loss impairing the economic viability of the victim’s life. Although the loss and effect of the crime is heavily considered in the evaluation of a criminal offence, the offender is likewise given justification through any viewed personal mitigation manifested by the offender or suspect by the court. While the sentencing will heavily rely on the evidences presented in court or during any preliminary inquiry consideration of other issues like remorse will also be taken into perspective (Sentencing Guidelines Council (b), April 2007). To ensure that any suspected criminal or suspected offender’s rights will not be violated all police officials must be duly trained and informed about the guidelines and regulations of conducting a proper and professional police investigation. The important thing is that before a suspect is taken into custody proper evidences must be compiled and there is a valid reason as to why a particular person is to be interrogated at the police station. Therefore police officers must know first-hand the minimum time limit and the maximum time allowed for a person to be detained to make sure that the suspect is released in twenty-four (24) hours if no charges has been brought up and a maximum of ninety-six (96) hours if the case warrants that the suspect be detained much longer in jail. And while in detention or upon arrest the suspect must be told what particular case he or she is being charged of, and must be read his/her rights. If it so happens that the suspect is willing to talk freely, the team of preliminary investigator must inform the suspect that he or she has the option to talk infront of a solicitor. The signing of a statement is equally critical because the suspect can change his or her statement after doing an initial one. The thing is that in order to lessen the chance of this occurring, the sworn statement of the defendant or suspect in any criminal inquiry must be coupled with an audio recording to prove that the suspect in question has not been coerced to confess or say anything against his or her will. While it is very significant in a case to have suspect so that the victim or the victim’s family can find justice, it is equally imperative that the rights of the offender is not violated in any way especially during the interview process. For that reason, all safety measure like having an audio recording equipment as well as having an interview monitor to assist the lead investigator during questioning is very mandatory for transparency. Aside from this, rehabilitation should always be the primary concern especially if the offender is still considered to be a minor. The idea of re-introducing a particular individual into the society he or she has violated is always of a primary concern because even the most hardened criminal must be given the chance to have a life after prison should parole be granted (Mantle et al, 2005). References Criminal Justice System. 2005. The Code of Practice for Victims. [Online]. Available: http://www.cps.gov.uk/victims_witnesses/victims_code.pdf [27 February 2012] Crown Prosecution Service. n.d. Pre-Charge Advice. [Online]. Available: http://cps.gov.uk/legal/v_to_z/victims_code_operational_guidance/#a06 [26 February 2012 Human Rights Watch. 2010. World Report 2010. [Online]. Available: http://www.hrw.org/en/node/87595 [28 February 2012]. In Brief. n.d. Police Station Interview. [Online]. Available: http://www.inbrief.co.uk/police/police-station-interview.htm [1 March 2012]. Legal Services Commission. n.d. Advice at the Police Station. [Online]. Available: http://www.legalservices.gov.uk/criminal/police_stations.asp [27 February 2012]. Mantle, G., Darell. F. and Dhami, M.K. 2005. Restorative Justice and the Individual Theories of Crime. Internet Journal of Criminology. [Online]. Available: www.internetjournalofcriminology.com [26 February 2012]. Ministry of Justice (a). March 2011. Achieving Best Evidence in Criminal Proceeding. [Online]. Available: http://www.justice.gov.uk/downloads/victims-and-witnesses/vulnerable-witnesses/achieving-best-evidence-criminal-proceedings.pdf [26 February 2012]. Ministry of Justice (b). n.d. Vulnerable Intimidated Witnesses. A Police Service Guide. [Online]. Available: http://www.justice.gov.uk/downloads/victims-and-witnesses/vulnerable-witnesses/vulnerable-intimidated-witnesses.pdf [26 February 2012]. Police (Detention and Bail) Act. 2011. Background and Summary. [Online]. Available: http://www.legislation.gov.uk/ukpga/2011/9/notes/division/2 [27 February 2012]. Sentencing Council. n.d. 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