NCJ Number
50800
Journal
Criminal Law Review Dated: (JUNE 1978) Pages: 320-331
Date Published
1978
Length
12 pages
Annotation
THIS COMMENTARY ON ENGLISH LAW ON ARREST AND DETENTION DEFINES TERMS, SUMMARIZES POLICE POWER, POINTS OUT THE MANY AREAS OF CONFUSION, AND DISCUSSES THE EFFECTS OF THE BROWN DECISION ON POLICE POWER.
Abstract
THE TERMS 'DETENTION,' 'TAKEN INTO CUSTODY,' AND 'ARREST' ARE DEFINED. THE TERMS THEMSELVES VARY WIDELY IN MEANING, DEPENDING ON CIRCUMSTANCES, AND COURT DECISIONS HAVE ADDED TO THE CONFUSION. LOCAL LAW AND ENGLISH STATUTES DO NOTHING TO CLARIFY THE SITUATION. THIS MAZE LEAVES POLICE CONFUSED AS TO THEIR POWERS. THE CONFUSION HAS BEEN INCREASED BY THE BROWN DECISION OF 1976, WHICH IS EXAMINED IN DETAIL. IT IS CONCLUDED THAT SEVERAL ILLEGAL ARREST PROCEDURES WERE UPHELD BECAUSE THE COURT OF APPEALS WISHED TO UPHOLD BROWN'S CONVICTION. THE IMPLICATIONS OF THIS CASE FOR BREATH TEST PROCEDURES AND DEFENDANT RIGHTS ARE SUMMARIZED, AND RELATED CASES ARE EXAMINED. THE COURTS AND PARLIAMENT ARE URGED TO REWRITE ENGLISH LAW TO PUT THE PROCEDURES OF ARREST AND DETENTION INTO SIMPLE, DEFINITE LANGUAGE. THE NEED FOR SUCH LANGUAGE IS EXAMINED. THE EXTENSIVE FOOTNOTES CONTAIN BOTH REFERENCES AND CASE CITATIONS. (GLR)