NCJ Number
104645
Date Published
1986
Length
14 pages
Annotation
The British 1984 Police and Criminal Evidence Act does not advance draconian police powers as some have charged, but aims at codifying such police powers as stop and search, suspect detention, and evidence searches so as to enhance effective policing without abusing citizens' rights against undue police intrusions.
Abstract
Regarding the stop-and-search provisions of the act, the police have until now lacked clear powers and guidelines for an officer to stop a suspect on the street to search for suspected stolen property, offensive weapons, or burglary tools. The police appreciate the potential for abuse in this procedure and are willing to submit to reasonable parameters that do not give undue advantage to criminals. The act's provision for a suspect's 36-hour detention without charge has been widely criticized, but to set a shorter time limit would press the police to bring charges which may not stand up in court or to terminate prematurely investigations of serious crimes. In practice, detention beyond 6 hours occurs in only 25 percent of the cases. Some have misinterpreted the act's search powers as permitting police examination and seizure of confidential records held by doctors or priests. The act, however, does not change existing methods of obtaining confidential records through consent or through subpoena or witness summons. 14 notes.