Theme C: Law in practice Flashcards
(17 cards)
What does the justice system in England and Wales ensure?
It ensures that fundamental principles of the law are upheld in practice.
What rights do citizens have upon arrest?
Citizens have the right to know the reason for their arrest, to inform someone of their arrest, and to see a solicitor.
What is the police’s responsibility regarding informing arrested individuals?
The police must inform a person about the reason for their arrest to ensure the justice process is fair.
What are the three main reasons a person has the right to inform someone after being arrested?
- To let someone know where they are.
- For the police to contact an appropriate adult who must be present during questioning and searching if the person arrested is under 18 or is a vulnerable adult.
- To show that the citizen is not being subjected to unlawful treatment by the police.
What would violate a person’s human rights during arrest?
It would violate their rights for the police to put them in a cell without telling them why.
How does the right to know the reason for arrest relate to a fair trial?
A fair trial would not be possible if a person did not know why they had been arrested, as they would not be able to defend themselves against any charges.
What right does a citizen have after being arrested?
A citizen has the right to consult with a legal representative for impartial advice that is free and independent of the police.
What must the police do before starting questioning an arrested person?
The police must inform the arrested person that they have the right to consult a solicitor.
Why is the right to see a solicitor important?
It ensures that people are protected against unfair treatment by having access to legal advice.
What is the most common choice for legal representation after an arrest?
Most people will call a solicitor.
What if an arrested person does not have their own solicitor?
A duty solicitor is available 24 hours a day at the police station and is independent of the police.
What is the role of the Defence Solicitor Call Centre (DSCC)?
The police may contact the Defence Solicitor Call Centre (DSCC) for legal representation.
What options are available for legal advice if the offence is less serious?
The arrested person may have a solicitor see them in person or be offered legal advice by phone.
What must the custody officer at the police station explain?
The custody officer must explain the citizen’s rights.
What right do citizens have if they feel ill in detention?
Citizens have the right to medical help if feeling ill.
What written notice should citizens see during detention?
Citizens should see a written notice about their rights, including regular breaks to use the toilet and access to food.
Why should the police respect the rights of the people they arrest?
Suggest two reasons why the police should respect the rights of the people they arrest.
