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Behind the Politics of Police Powers

NCJ Number
80636
Journal
British Journal of Law and Society Volume: 7 Dated: (Winter 1980) Pages: 242-265
Author(s)
R Baldwin; R Kinsey
Date Published
1980
Length
24 pages
Annotation
Political forces influencing the passage of Scotland's Criminal Justice Bill (expanding police powers to stop, search, and detain citizens) are analyzed and lessons drawn.
Abstract
Scotland's recently adopted criminal justice Bill introduces, among other things, sweeping new powers for the police to stop, search, and detain 'suspects' without arrest, charge, or formal caution. Suspects may be held for up to 6 hours for interrogation without access to legal advice or being able to inform a relative or third party of their whereabouts. During detention, the police are empowered to fingerprint and search suspects. Suspects may also be placed in identification parades. This legislation developed over a long period under the cloak of being an issue of mere legal technicality. The bill was fostered by a few prominent lawyers who believed the rise in crime was largely related to legal barriers to effective policing. The Thomson Committee that resulted from the Law Commission's pressure for expanded police powers represented a prosecution view, and it put an indelible stamp of 'legal technicality' on proposals dealing with police powers. Civil liberties issues received scant attention. When the Labor bill emerged in the 1978-79 legislative session, an institutional momentum had built for its passage, but strong opposition grew under media and civil rights attacks, until the Government was finally forced to push the bill through Parliament by sheer political power. The lesson to be learned from the passage of this bill is that legislation of the widest social importance may be disguised under labels that make it appear innocuous. Those with broader concerns for the social impact of legislation must focus on attention on those critical issues avoided by proponents with narrow interests. A total of 61 footnotes are provided.