Daily Challenges to Policing in a Democracy: Notes From the Front-Line (From Policing, Security and Democracy: Special Aspects of Democratic Policing, P 127-176, 2001, Stanley Einstein and Menachem Amir, eds. -- See NCJ-192149)

• NCJ Number: 192155
• Author(s): Geoffrey Monaghan
• Date Published: 2001
• Length: 50 pages
• Sale Source: Office of International Criminal Justice
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This examination of the criminal investigative process in England and Wales focuses on certain key aspects that relate to police powers and practice, specifically "stop and search," powers of arrest, the interviewing of suspects in police detention, and the use of informants.

Abstract

The Police and Criminal Evidence Act 1984 (PACE) introduced a general police power to "stop and search" persons or vehicles for stolen or prohibited articles. PACE also provides police powers to search premises for evidence and to search premises in connection with making an arrest and to seize evidence. Under PACE, the basis for arrest is reasonable grounds for suspicion, and detention is only permissible when necessary to secure or preserve evidence or to obtain evidence by questioning. An upper limit of 24 hours is placed on detention without a charge being filed, other than for a limited group of "serious arrestable offenses." Under PACE, suspects have statutory rights to legal advice and to have someone informed of their detention. They may not generally be interviewed until they have received legal advice, if requested. Further, PACE emphasizes the need for the review-ability of police actions and the importance of internal police supervision. PACE, along with the Criminal Procedure and Investigations Act 1996, the Police Act 1997, and the Codes of Practice made thereunder have helped to ensure that British policing currently meets or partially meets democratic criteria for policing. Still, there is much room for improvement. Despite the safeguards, the rights of suspects are seriously violated on occasion, and police corruption in some parts of Britain is still a significant problem. Each of the various topics considered in this paper highlight the weaknesses in the existing legislation, codes of practice, and Home Office guidance. For the most part, police training relating to these issues is also inadequate. Resolution of ambiguities and contradictions in police policy and practice require law reform. Sample scenarios of police practices under current law are provided. A chart presents a comparative analysis of 19th century administrative requirements and 20th century codes of practice that pertain to the detention, treatment, and questioning of persons by police officers. 110 notes