‭Subject: A-Level Law - Paper 1 English Legal System‬

‭Grade: A‬

‭Question:‬

‭7 (a) Describe the rights of a suspect detained at a police station. [10]‬

‭ he rights of a suspect detained at a police station are well-established and primarily‬

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‭governed by the Police and Criminal Justice Act 1984 (PACE) and specific provisions‬
‭outlined in Code of Practice C. These rights aim to safeguard the interests and fundamental‬
‭rights of the suspect during the custodial process.‬

‭Excellent introduction that clearly identifies the focus of the paper and mentions the key legal sources.‬

‭ ime limits are crucial in ensuring that the detention process is not unduly prolonged.‬
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‭Sections 34-46 of PACE, in conjunction with Code of Practice C, specify the permissible‬
‭time frames for different stages of detention, including the period for which a suspect may be‬
‭held before being charged or released.‬

‭Strong emphasis on the importance of time limits in protecting suspects from arbitrary detention.‬
‭Thoughtful consideration of the potential drawbacks of time limits for police investigations.‬

‭ uspects have the right to inform someone of their detention, as outlined in section 56 of‬
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‭PACE. This provision recognizes the importance of notifying a trusted individual about the‬
‭detainee's situation, providing a safeguard against potential abuses.‬

‭ onsider briefly mentioning any limitations on this right, such as concerns about the safety of the‬
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‭notified person.‬

‭ ection 58 of PACE, as emphasized in the case of R v Halliwell (2012), reinforces a suspect's‬

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‭right to be informed of their entitlement to free legal advice and the right to contact a‬
‭solicitor. This ensures that individuals in custody are aware of their legal rights and have‬
‭access to legal representation.‬

‭ ell-balanced analysis of the right to legal advice. You could elaborate on the potential disadvantages‬
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‭of duty solicitors, such as their limited experience or workload.‬

‭ oreover, suspects are permitted to consult the Code of Practice, reinforcing transparency in‬
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‭the procedures they are subjected to during detention. Tape-recorded interviews, as mandated‬
‭by section 53 of PACE, serve as an additional safeguard, ensuring an accurate record of the‬
‭proceedings. Statements obtained under oppression, per section 76 of PACE, are rendered‬
‭inadmissible in court, underscoring the importance of fair treatment and protection against‬
‭coercion. The interview room must meet certain conditions, including adequate lighting,‬
‭ eating, and ventilation, to ensure a reasonable and humane environment for the suspect. The‬
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‭right to silence further safeguards the suspect's interests, allowing them to refrain from‬
‭self-incrimination.‬
‭ olid discussion of the right to a reasonable and humane environment. You could briefly mention the‬
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‭potential challenges in ensuring this right, such as overcrowding or insufficient resources.‬

‭ he presence of an appropriate adult, as established in R v Aspinall (1999), is required when‬

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‭the suspect is a vulnerable individual, ensuring that their rights are protected and that they‬
‭understand the proceedings.‬

‭ record must be maintained by the custody officer, detailing key aspects of the detention,‬
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‭and providing accountability and transparency. Breaks for rest and sleeping, provision of‬
‭meals, and rules on searches, fingerprints, and intimate samples are also governed by specific‬
‭sections of PACE (ss54 & 55, s61, ss62 & 63), ensuring that the detainee is treated with‬
‭dignity and their basic needs are met during the custodial period.‬

‭ emonstrates a clear understanding of relevant legislation and case law, citing specific provisions and‬
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‭cases effectively.‬

‭(b) Discuss the extent to which these rights protect the suspect. [15]‬

‭ he rights afforded to suspects during police detention, as outlined in the Police and Criminal‬
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‭Justice Act 1984 (PACE) and its associated Codes of Practice, play a crucial role in‬
‭protecting their interests. However, the extent to which these rights provide protection is‬
‭subject to various considerations.‬

‭ rotection is explicitly provided by law through the Act and Codes of Practice, ensuring that‬
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‭suspects are granted specific rights and safeguards throughout the custodial process. The‬
‭establishment of time limits (ss34-46 PACE) prevents suspects from being held in custody for‬
‭unnecessarily extended periods, protecting individuals from arbitrary detention and‬
‭safeguarding their right to liberty.‬

‭ hile time limits serve to protect suspects, there is a potential drawback in that they may‬
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‭hinder police investigations. Investigators may face challenges in gathering sufficient‬
‭evidence within the prescribed time frames, potentially impacting the thoroughness of the‬
‭inquiry.‬

‭Well-articulated analysis of interview recording and rules.‬

‭ he requirement for an appropriate adult, particularly in cases involving vulnerable‬

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‭individuals due to age or mental incapacity (R v Aspinall, 1999), is a significant protective‬
‭measure. This ensures that vulnerable suspects understand the proceedings and are not‬
‭unfairly disadvantaged in the custodial process.‬
‭ ffective discussion of the role of appropriate adults. You could offer an example of a potential‬
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‭vulnerability (e.g., learning disability) and how the presence of an appropriate adult would make a‬
‭difference.‬

‭ he recording of interviews (s53 PACE) is instrumental in ensuring the accuracy of evidence‬

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‭and preventing oppressive questioning. This safeguard protects suspects from potential‬
‭abuses and ensures that statements are obtained fairly and transparently. Similarly, interview‬
‭rules serve to prevent the fabrication of evidence by law enforcement authorities.‬

‭ owever, challenges arise in situations where informal questioning occurs before arriving at‬
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‭the police station, as highlighted in R v Halliwell (2012). In such instances, the lack of formal‬
‭recording mechanisms may pose difficulties in verifying the accuracy and fairness of the‬
‭process.‬

‭Valid point about informal questioning‬

‭ llowing suspects to inform someone of their detention (s56 PACE) is a crucial protective‬
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‭measure, preventing individuals from 'disappearing' into the system without notifying a‬
‭trusted individual. This helps maintain transparency and accountability in the custodial‬
‭process.‬

‭ he provision of legal representation (s58 PACE, R v Halliwell, 2012) ensures that suspects‬
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‭are properly advised during their detention. However, there may be long delays for duty‬
‭solicitors, potentially impacting the immediacy of legal advice and representation.‬

‭ ecords maintained by custody officers serve as a monitoring mechanism for a suspect's‬

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‭detention, providing accountability. Nevertheless, research by Sanders and Bridge has‬
‭revealed instances of falsified records, highlighting potential shortcomings in the monitoring‬
‭process.‬

‭ otably, evidence obtained in violation of the established rules, such as failure to adhere to‬
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‭recording requirements, can be excluded from proceedings (ss76 and s78 PACE), thereby‬
‭ensuring that deviations from the proper procedure have consequences for the admissibility of‬
‭evidence, with a focus on maintaining fairness in the criminal justice system.‬

‭ olid summary of the main points. Consider ending with a more impactful statement about the overall‬
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‭effectiveness of these safeguards in protecting suspects.‬

‭ ink Question Number on Past Exam:‬

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