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Shane’s Rights.

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Introduction

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. ...read more.

Middle

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 because they are independent of the police offices so they want to make sure they have a good reason to keep someone for more then 36 hours. This would only be for a very serious arrestable offence like murder, indecent assault or rape. Shane also has the right of silence although this right has changed in recent years before the Criminal Justice and Public Order Act in 1994 a person could remain silent while being questioned. Then tell there side of the story in court and the police could not say that he had chosen to remain silent while being questioned. ...read more.

Conclusion

If Shane was stopped and search before he was arrested. It states in S1 1984 Act that the police have a right to do this only if there are reasonable grounds for suspecting that such articles will be found. The search must have taken place in a public place and before making the search the police should identify themselves. If Shane is to be intimately searched, it states in ss62, 63 PACE that it must be carried out by the same sex and intimate samples must be taken by a qualified person. If Shane is to be interviewed the police must caution him stated in s 53 PACE. The interview should be record on tape or video camera (ss 34-39). Also if Shane is under 18 he is entitled to appropriate adult presentation. Shane may also have the right to bail if he is charged with an offence Shane also has the right, if found not guilty to get anything like fingerprints back from the police records. ...read more.

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