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Anyone detained at a police station may be
questioned by the police.…read more

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Rights of a detained person
Suspects have certain rights and safeguards to protect them
All interviews must be tape recorded, in some areas the police also
video record interviews
Suspects have the right to have a solicitor present at any interview
If the suspect is under 17 or is mentally disabled then there must be an
`appropriate adult' present at the interview.
In R v Aspinall (1999) the Court of Appeal held that a defendant who
suffered from schizophrenia should have had an appropriate adult
present when interviewed by the police. The interview was therefore
not admissible as evidence in court.
S76 PACE states that the court shall not allow statements which have
been obtained through oppression to be used as evidence. (Oppression
is such things as degrading treatment, or the use or threat of violence
The interview room must be well lit, heated and ventilated
Suspects must be given adequate breaks for meals, refreshments and
sleep…read more

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The right to silence
Until the Criminal Justice and Public Order Act 1994 defendants could
refuse to answer any questions from the police without any adverse
conclusion being drawn on their silence when the case came to court.
ss34-39 of the Criminal Justice and Public Order Act 1994 changed this
position and provides that inferences may be drawn from the fact that a
defendant has refused to answer police questions. As a result the
caution given to suspects before they are interviewed is as follows;
You do not have to say anything. But it may harm your defence if you do not
mention when questioned something which you later rely on in court. Anything you
do say may be given in evidence.
This change in the law means that although a suspect still can not be
forced to speak, they can still remain silent, at any trial the judge may
comment on the defendant's failure to mention something which is
crucial to their defence. This failure to mention something, which they
now wish to rely on in court, can form part of the evidence against
them. A defendant's silence is not enough for a conviction on its own
and the prosecution must still have other evidence in order to prove
their case.…read more


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