Criminal Procedure and Investigations Act 1996
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Added on 2020-05-28
Criminal Procedure and Investigations Act 1996
Added on 2020-05-28
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Running Head: POLICING POLICINGName of the Student:Name of the university:Author Note
1POLICINGAnswer One: The legal and organizational requirements in relation to conducting priority and volume investigationsPart 2 of the Criminal Procedure and Investigations Act 1996 governs the procedures for carrying out investigations. It can be stated that investigators have the responsibility to perform the duties assigned to them according to the provisions stated in this act. They are required to maintain records and other information following the rules as stated in the aforementioned act. According to section 23 of the Criminal Procedure and Investigations Act 1996 any criminal investigation conducted will be in adherence to the reasonable steps as prescribed in the aforementioned act. It can be said that the information obtained while conducting the investigation and which is relevant to such investigation must be recorded to be produced as evidence in the court. It is also to be stated that material which is obtained while conducting an investigation will be retained by the person conducting such investigation. However it can be said that any material or information obtained which can be used as evidence against any person involved in the investigation must be revealed to such person. Further it can be said that the accused must be allowed to inspect any information or must be provided with a copy of information or material which is related to him and which has been identified in the investigation upon his request (Belur et al., 2015). However, according to subsection23 (h) it can be said that it is the discretionary power of the investigator to allow the accused to inspect any information or material related to him or to give the accused a copy of such information. The investigator might deny allowing the accused to inspect any information ifhe thinks it would be inappropriate to do so. The Police and Criminal Evidence Act 1984 and the Police (Conduct) Regulations Act 2012 in the United Kingdom are the two other
2POLICINGlegislations which are relevant to the exercise of police powers. European Convention on human Rights (ECHR) and Human Rights Act 1988 (HRA) are the other statutory provisions that apply to police compliance. Further it is to be stated that police officers need to comply with the risk principles as stated in the ACPO. The risk principles as stated in ACPO 2010 are:Police officers are required to take decisions while focusing on the quality of the decisioninstead of the outcome of such decision. Police officers must consider whether such decision would have been taken by other agencies Police officers are required to apprehend the risks while making important decisions about the investigation processThe police are required to work with partner agencies for the purpose of sharing information about people who are perceived as a potential threat to community.It is to be mentioned that P.A.C.E 1984 governs the fundamental principles of exercising powers which are conferred upon the police (Bacon 2014). The aforementioned statute states that the primary purpose objective of the police officers is to confirm their suspicion of the accused without the exercising the powers granted to them. It is to be stated that police officers are expected to exercise the powers granted to them without discriminating among individuals and in fairly manner.According to Code G and Code C of the PACE 1984 it can be stated that the Police have the power to arrest and detain upon suspicion of any crime committed by them. The police officers have been conferred the power to search an individual at a police station by strippingof his clothes. An intimate search can also be conducted by the Police Officers if it is
3POLICINGsuspected that the individual to be searched has possession if Class A drugs and weapons. However, an intimate search can only be conducted by high ranking police officers.Answer two: Support available to victims and witnesses during an investigation It is to be stated that the investigators are required to understand that victims and witnesses ofa crime might be impacted by the crime. They are likely to feel traumatized, shocked, scared, threatened after experiencing the crime committed. Therefore it can be said that victims and witnesses will require some support source during the process of the investigation. It is to be stated that providing the witness and the victims of crimes with some reassurance and adopting a calm and supportive approach while conducting investigations help in alleviating their fears and the anxiety (Baldry and Sebire 2016). The witnesses are entitled to receive additional support from Witness Service as the cases progress. It can be said that the witness and victim support service is an independent body which volunteer to provide support to the victims and witnesses. The aforementioned support service helps informing people about the police and court procedures available to victims and witnesses. They also provide people with the opportunity to talk in confidence and discuss their experience. The witness service is helpful to victims and witnesses as they familiarize the victims the court procedures and visits to courts. Further, it can be pointed out that Police officers who have been victims of heinous crimes are also not immune to fears and anxieties as experienced by common folk. There are departments for force welfare which aim to provide guidance and advice to officer who has experienced such circumstances (Bazemore and Schiff 2015). It is to be stated that in certain circumstances the support to the witnesses and victims may be provided in the form reassurances
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