skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 62987 Find in a Library
Title: EVIDENCE TO THE ROYAL COMMISSION ON CRIMINAL PROCEDURE, MEMORANDUM NO FIVE - THE LAW AND PROCEDURES RELATING TO THE QUESTIONING OF PERSONS IN THE INVESTIGATION OF CRIME - ENGLAND
Author(s): ANON
Corporate Author: Great Britain Home Office
United Kingdom
Date Published: 1978
Page Count: 78
Sponsoring Agency: Great Britain Home Office
London, SW1H 9AT, England
Great Britain Home Office
London, SWIH 9AT, England
Sale Source: Great Britain Home Office
Pub. Home Office Library
Room 1001 Home Office
Queen Anne's Gate
London, SWIH 9AT,
United Kingdom
Language: English
Country: United Kingdom
Annotation: EVIDENCE LIKELY TO COME BEFORE THE BRITISH ROYAL COMMISSION ON CRIMINAL PROCEDURE REGARDING POLICE INTERROGATION AND THE PRESENTATION OF EVIDENCE AT SUBSEQUENT CRIMINAL PROCEEDINGS IS DISCUSSED.
Abstract: CURRENT CRITICISM REGARDING PROCEDURES OF POLICE INTERROGATION INCLUDE THE CLAIM THAT SUSPECTS ARE NOT SUFFICIENTLY SAFEGUARDED FROM ACTUAL OR POTENTIAL POLICE MISCONDUCT OR FROM THE POSSIBILITY OF WRONGFUL CONVICTION ON THE BASIS OF EVIDENCE PRESENTED FROM POLICE QUESTIONING. ON THE OTHER HAND, IT IS ARGUED THAT THE POLICE ARE UNDULY HANDICAPPED IN OBTAINING AND USING EVIDENCE THAT WOULD ESTABLISH THE GUILT OF OFFENDERS AT TRIAL. THERE ARE ALSO CRITICISMS OF THE ALLEGED UNCERTAINTY OF THE PRESENT LAW AND THE NUMBER OF 'TRIALS WITHIN TRIALS' THAT ARE PART OF THE PRESENT PROCEDURE. THE COMMISSION WILL LIKELY HAVE TO CONSIDER THE EXTENT EXTENT AND MODE OF DISCIPLINARY POWER THE COURTS WILL EXERCISE OVER POLICE, INCLUDING THE ISSUE OF EXCLUDING EVIDENCE PROVEN TO HAVE BEEN OBTAINED BY THE POLICE THROUGH UNFAIR OR ILLEGAL METHODS. THE ISSUES OF TAPERECORDING INTERROGATIONS, REQUIRING THE PRESENCE OF THE SUSPECT'S LAWYER AT INTERROGATIONS OR THE PRESENCE OF SOME THIRD PARTY SELECTED BY THE SUSPECT, AND INTERROGATION ONLY BEFORE A MAGISTRATE IN A FORMAL SETTING ARE LIKELY TO BE PROPOSED AS REMEDIES FOR POLICE INTERROGATION ABUSE. THE APPENDIXES DISCUSS THE ORIGIN AND HISTORY OF THE JUDGES' RULES BEARING UPON POLICE INTERROGATIONS, SOME CASES OF INTEREST, PROPOSALS FOR CHANGE, AND A POSSIBLE VALIDATION PROCEDURE. FOR OTHER MEMORANDA OF EVIDENCE TO THE COMMISSION, SEE NCJ 62983-86 AND 62988-92. (RCB)
Index Term(s): Confessions; Exclusionary rule; Interview and interrogation; Law reform; Police legal limitations; United Kingdom (UK)
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62987

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.