U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Questioning the Suspect (From Police: Powers, Procedures and Proprieties, P 150-164, 1986, John Benyon and Colin Bourn, eds. - - See NCJ-158031)

NCJ Number
158043
Author(s)
M Buck
Date Published
1986
Length
15 pages
Annotation
The Police and Criminal Evidence Act of 1984 has changed the nature of police work in England by highlighting the importance of safeguards against the abuse of police powers and by incorporating guidelines on the detention of suspects.
Abstract
The act was implemented because police officers need adequate and clear powers to control crime and the public requires proper safeguards against the abuse of police powers. The need for a balance between police powers and public rights is especially clear in provisions of the act that deal with detention and the treatment and questioning of suspects. When an arrested person arrives at the police station, the first decision is made by the police custody officer, a decision to "accept" the suspect because all detention conditions spelled out in the act are fulfilled. The police custody officer must safeguard the rights of the detained person through detention reviews; the suspect must be released after 36 hours of detention unless a magistrate court issues a warrant for further detention. Moreover, the accused person is entitled to consult with a lawyer at any point in the detention process. There is also a requirement to tape interviews with suspects in police stations, for possible use at trial. The balance between police powers and safeguards against abuse of those powers, as outlined in the Police and Criminal Evidence Act, is discussed. 14 notes and 4 figures

Downloads

No download available

Availability