The Process of Rape Investigation in United Kingdom
Power Of Police In Relation To Rape Investigation
Rape is one of the serious offences and it can result in significant consequences for victims.
The step taken by police is to train officers to make supportive attitude to rape victim. It arranged necessary level of forensic and investigatory awareness to secure early evidence which can be produced in the proceedings. The police member should be more like a specialist that he/she has special kind of technique regarding sexual offence so that officer will be attached to that case throughout enquiry and subsequent court proceedings.
Moreover, the officer of police is responsible for taking witness statements which can be either recorded or in writing.
Eyewitness interviews are being arranged by police so that prosecution can improve it to use as evidence in prosecution. Medical examination of victim is required to support the integrity of Evidence. Forensic service will be given by police with sufferer statement to inform submission of forensic. If any rape suspect is made, consultation should be made within 24 hours and not more than 7 days if accused is released on bail.
Role of Crown prosecution service
It takes legal proceedings in those criminal cases which has been investigated by police and other agencies in United Kingdom.This service is independent and it has lawful right to make decisions separately from police and government. The essential duty of this crown prosecution is to make sure that right person is prosecuted for the rightful offence which he/she has committed. The motive of this team is to bring the criminal into justice whenever it is possible. They have the authority to decide which case should be taken legal action or not. It determines the criminal charges according to the notion of the offence whatsoever serious crime may be. It advised the police regarding early interrogation stages because both departments are agreed to ensure coordination mutually in severe offence cases. It gives help and support to the victims and prosecution witnesses regarding incident information. The prosecutors should be fair and independent without any subordination, to decide whether it is necessary to prosecute criminal legal proceedings or not. In court, it is required to follow code of Crown prosecutors so that counsel will be satisfied that there is sufficient piece of Evidence to convict offenders in future.
The trial process and which court the case will be heard in
When the defendant is being charged, first hearing will be heard in magistrate court. On this court, decisions are made by panel or district judge. The first hearing will decide whether legal proceedings should stay in magistrate judicature or in crown court.Generally, underage sexual offence cases heard in youth courtbecause there are many differences of application of rules between youth and crown court of law.
In the first hearing, magistrate will decide whether accused person should be released on bail and offender is required to present in the court in each stage of the trial after bail.
In the first hearing of the crown court of law, judge is responsible for setting time table of the trial proceedings and he can make judgement to convict accused. if case is tri-able, then it can heard by jury which consists 12 members of the public. These members are selected randomly by electoral. In crown court, jury is the supreme authority to decide whether offender is guilty or not guilty. The first hearing of the crown court is also known as plea and preparation of trial litigation.
Types of Evidence that may be submitted against him
There are certain types of Evidence which can used against accused person in rape offence. It is given below:-
Biological evidence
It includes semen, blood, saliva and other private body part materials which are required to be examined and sample is collected from both victim and accusedfor identification of genes in crime lab. It helps to determine whether sexual contact happened between sufferer and criminal in same place of occurrence.
Forensic evidence
A forensic examination is taken place to record all injuries of the patient from head to toe. The minor and severe injuries are being recorded to support the victim so that these writings can used as evidence against defendant. In the presence of saliva and semen, it can be used if samples are being matched.
This report is made to establish sufferer drug level by taking blood and urine samples to support the victim that there are lack of chances of offence take place with consent of sufferer.
Documentary evidence
It is collected during rape investigation by the police. It includes paper and digital records which is listed below:-
1. Police records
2. Records of business of the accused
3. Personal papers which include letters and diaries
4. Phone records
5. Medical records
6. Psychiatrist record
7. Tape recordings
8. Video tape
9. CCTV footage
10. Computer records
11. Record of emails, text message and social media posts.
If found guilty, the sentence he could receive
When the accused is being charged guilty by the jury of the crown court, sentence will be awarded to the offender regarding sexual crime. According to Sexual offences Act 2003, maximum sentence will be awarded as life imprisonment in schedule 19 under section 274 and 285and on the other side, custody ranges from 4 to 19 years.
The court may determine the offence category which is given as follows:-
The crime which is committed for involvement of rape campaign, 20 years of imprisonment will be appropriate for the offender.
Category 1 involves extreme nature and impact caused by accused.
Category 2 requires physical harm, pregnancy to victim, abduction and forced entry to sufferer residence.
Category 3 where factors of category no. 1 and 2 are not present.
Culpability A where criminal plan crime, use of drugs to victim, abuse of trust, offence committed in course of burglary, crime racially committed and record sexual activity with sufferer.
Culpability B where no factors of category A are present.
Generally category A ranges from 15 years custody but in C1, imprisonment varies from 13 to 19 years. In C2, it gives 9 to 13 years of sentence. In C3, 6 to 9 years punishment will be given. In B category, it starts from 12 years of custody. CB1 contains 10 to 15 years. CB2 ranges 7 to 9 years of imprisonment and CB3 varies from 4 to 7 years of sentence.
Whether he can appeal if found guilty.
If the defendant pleads guilty, he can go to the crown court for appeal. It is heard by 2 to 4 crown judges it can confirm, reverse and against any part of the Magistrate case. If minor defect is easily visible and it causes no prejudice, then crown court of law can amend case decision by giving reasons. The application should be made within 21 days of the decision appealed against conviction.
The defendant can appeal to the divisional court on the ground that the decision is wrong according to law and it excess jurisdiction. The application shall be made within 21 days and if it is made to divisional judicature, right of Crown court will be lost.
If offender is convicted by court of crown, he can appeal to the Court of Appeal and this court will decide whether conviction is unsafe. On the appeal against sentence, the application should be made within 28 days of the sentence with the leave of either court.