NCJ Number
85430
Journal
Journal of Law and Society Volume: 9 Issue: 1 Dated: (Summer 1982) Pages: 37-62
Date Published
1982
Length
26 pages
Annotation
This study examines arrest and interrogation practices and procedures under the emergency legislation in Northern Ireland, with particular attention to the implementation of the Bennett recommendations and their impact.
Abstract
In the first 10 months of 1980, 4,069 persons were arrested by the police and army under the emergency legislation. Of these, a mere 428 (less than 11 percent) were charged with a scheduled offense. The vast majority in the sample were arrested under one of three powers: sections 11 and 14 of the Northern Ireland (Emergency Provisions) Act 1978 and section 12 of the Prevention of Terrorism Act 1976. Section 11 of the 1978 act empowers a constable to arrest anyone whom he suspects of being a terrorist. Section 12 of the 1976 act is similar, although the constable's suspicion must be 'reasonable' and persons other than those suspected of being terrorists are included. Section 14 of the 1978 act empowers a member of the military on duty to arrest and detain any person suspected of having committed or being about to commit any offense. On being arrested and brought to a police detention center, the suspect's welfare is regulated by a mixture of law and administrative rules; however, they appear to have little impact on the interrogation of those arrested under the emergency procedures. The Bennett Committee made a considerable number of recommendations designed to protect the rights and welfare of suspects in police custody. The Royal Commission also did this and more by formulating safeguards against the arbitrary use of the powers of arrest. Both, however, place full responsibility for implementing and enforcing these recommendations on the police themselves in these areas. Consideration should be given to control mechanisms independent of the police. A total of 122 notes and references are provided.