Shane’s Rights.

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Shane’s Rights

As Shane has been arrested he is entitled to some important things while being held by the police.

 By the police and criminal evidence act 1984 he is has the right to consult a solicitor. He also has the right to have someone, of his choice, informed that he has been arrested and that he is being detained. The right to have someone informed doesn’t mean that they can contact that person themselves, normally a police officer would contact them for the person arrested. Although these are the rights you are normally entitled to there are some exceptions, although these would only be in extreme circumstances. For example if a police officer believed that by contacting someone or a lawyer would somehow inform other suspects they may not allow these rights. The police officer would only do this if they could prove what they believed, as they may have to if the case went to court. An example of someone not receiving these rights is in the Samuel 1988 case. It was decided by the police officers that the appellant should not be able to contact anyone of his arrest or to contact a lawyer as they suspected that they would inform other suspects. The appellant then confessed to his crime but later tried to quash his confession, as he never received his rights. But the magistrates still found him guilty as they agreed with the police officers.

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        Another right Shane should be aware of is, the time he is allowed to be held for. He should be released within 24 hours if he has not been charged. Although the police officers can make a request to a Superintendent for an extension to 36 hours but this would only be for a serious arrestable offence. They may want an extension while they wait for forensics or evidence. Then if the police still need more time then they have to ask the magistrates to extend the time up to a maximum of 96 hours. The magistrates make this decision ...

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