NCJ Number
83119
Date Published
1981
Length
16 pages
Annotation
Experiences in Northern Ireland are used as the basis for criticizing the report of the United Kingdom's Royal Commission on Criminal Procedure, which offered proposals for defining police powers and a restructuring of prosecutorial responsibilities.
Abstract
The Commission proposes two new powers to stop and search. First, it recommends that a police officer have the power to stop and search any person in a public place whom the officer reasonably suspects of conveying stolen goods. Second, it recommends that a police officer of senior rank be empowered to set up road checks when a person sought for arrest for a serious crime is believed to be in the area. The vagueness of the terms in both provisions is considerable. Presently, police conduct during the questioning of suspects is regulated through the nonstatutory Judges' Rules. These rules provide that all statements should be obtained voluntarily, i.e., not through the use of threats or intimidation. If this rule is broken, the judge has discretion to exclude any statement so obtained. The Commission recommends the abolition of this rule as well as substantial relaxation of the exclusionary rule. The experience in Northern Ireland of the expansion of police powers shows the danger of such a policy, because it undermines public support of the police as more and more citizens experience police intervention and invasions of privacy. The Commission further recommends the establishment of a statutory-based prosecution service for every police area. This will be headed by a person called the Crown Prosecutor, who will be responsible for the conduct of all criminal cases once the police have decided to start proceedings. The Northern Ireland experience shows that the establishment of such an office makes prosecutions more rather than less subject to political influences. A total of 34 references are listed.