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EVIDENCE TO THE ROYAL COMMISSION ON CRIMINAL PROCEDURE, MEMORANDUM NO. FOUR - THE LAW AND PROCEDURES RELATING TO THE DETENTION AND TREATMENT OF PERSONS IN POLICE CUSTODY - ENGLAND

NCJ Number
62986
Author(s)
ANON
Date Published
1978
Length
54 pages
Annotation
THIS MEMORANDUM EXPLAINS THE LAW AND PROCEDURES RELATING TO PERSONS HELD IN POLICE CUSTODY IN ENGLAND.
Abstract
IT IS CONCERNED WITH WHAT HAPPENS WHEN A CRIME SUSPECT IS TAKEN INTO CUSTODY AND DETAINED AT A POLICE STATION, AND IT FOCUSES ON THE RIGHTS OF THE INDIVIDUAL AND THE POWERS OF THE POLICE. THE LEGAL BASIS OF POLICE DETENTION IS DESCRIBED, ALONG WITH PROPER TREATMENT FOR PERSONS HELD IN CUSTODY, WITH THE RIGHTS OF SUCH PERSONS TO NOTIFY THIRD PARTIES OF THEIR DETENTION, AND WITH LAW AND PROCEDURES RELATING TO THE FINGERPRINTING AND PHOTOGRAPHING OF SUSPECTS. ALSO EXPLAINED ARE QUESTIONING AND CHARGING PROCEDURES, TIME LIMITS ON DETENTION, AND ALTERNATIVES ATTENDANT TO THE FIRST APPEARANCE IN COURT. TREATMENT OF PERSONS IN CUSTODY COVERS SECURE ACCOMODATIONS AT THE POLICE STATION, CARE OF JUVENILES, AND PRISONER'S PROPERTY AND MEDICAL EXAMINATIONS. THE MEMORANDUM CONCLUDES WITH PROPOSALS FOR CHANGE. THESE INCLUDE COMMENTS ON THE PRESENT LAW, THE INTERVAL BETWEEN ARREST AND FIRST APPEARANCE IN COURT, THE CONCEPT OF 'ASSISTING THE POLICE WITH THEIR ENQUIRIES', THE POWER OF DETENTION FOR ENQUIRIES, AND QUESTIONING, CHARGING AND APPEARING IN COURT, AS WELL AS OTHERS. FOOTNOTES ACCOMPANY THE TEXT. APPENDIXES INCLUDE INSTRUCTIONS FOR MEDICAL EXAMINATIONS AND INFORMATION TO BE GIVEN TO ARRESTED PERSONS NAMED BY THE SUSPECT. STATISTICS AND ARREST FORMS ARE INCLUDED. (RFC)

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