NCJ Number
104653
Date Published
1986
Length
15 pages
Annotation
Detention and interrogation provisions of the British Police and Criminal Evidence Act 1984 may present problems for police regarding detention conditions, reviews of detention, extended detention, tape recording of interviews, and the use of custody officers.
Abstract
The act's requirement that a custody officer be given responsibility for all matters relating to detention will present resource problems for some smaller agencies, which will probably have to pull a sergeant from the field to perform the duties of the custody officer. The custodial officer is required to conduct periodic reviews of the grounds for the continued detention of a suspect. These reviews at precise times specified by the act involve an elaborate bureaucratic process that will drain police time and personnel resources. The act limits the detention of an uncharged suspect to 36 hours, at which time a magistrate must determine whether the detention should be extended. Experience indicates that a number of cases require longer than 36 hours before sufficient evidence may be obtained to charge a suspect. The requirement that a suspect have access to legal advice prior to interrogation may prolong the time required for detention, since attorneys may delay coming to the station. The authorization to tape record interviews has given the police an incentive to make interviews less frequent and shorter but without reducing their effectiveness. Overall, however, the detention provisions of the act have introduced many stringent safeguards for suspects but have provided few if any increases in police resources to enhance investigations. 14 notes.