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The Current Protection in England and Wales - Research Proposal Example

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The paper "The Current Protection in England and Wales" highlights that the caution explicitly requires that a suspect affirms that he or she understands the caution and for the police to ask this question to the suspect to ensure that he understands the caution…
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The Current Protection in England and Wales
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Download file to see previous pages Vis-a-vis the burden of the prosecution of proving the elements of the offense, there is the set of human rights to which the suspect is entitled and which must be respected by the police having custody of the suspect. These human rights range from the investigation stage to that of the trial stage of the criminal prosecution process and are provided partly by the conventions of the Human Rights Act of 1998. [The Stationery Office, 1998]
There is a great difference in law between the fundamental rights and liberties of individuals and the enforceability of rights and safeguards. The safeguards could only be made available through legislation and the provision of sufficient resources to give meaning thereto as well as make the same available to those who need them.
This is necessary because it is during the criminal investigation process that the suspect's conviction is built and the particular stage is dominated by the police with the powerful resources of the State behind them giving them superior position to employ whatever means necessary to obtain the targetted conviction. The accused is alone against the institution.
The suspect is not obliged to answer police questions, in general, and the police are duty-bound to inform (caution) him of this before questioning him. Further, no negative inference (of guilt) should be drawn from his exercise of the right to silence. Yet suspects in custody have been known to make admissions and there must be a way to ensure that they were not compelled by whatever means.
The suspects' friends or relatives should be notified of the circumstances and whereabouts of his being in police custody because an arrest is an emotionally demanding time and during the period the suspect is vulnerable and tends to exercise poor judgment that tends to help convict him. The vulnerability is alleviated by friends and family as well as by legal assistance. ...Download file to see next pagesRead More
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