NCJ Number
61056
Journal
SOLICITOR'S JOURNAL Volume: 122 Issue: 39 Dated: (SEPTEMBER 29, 1978) Pages: 652-655
Date Published
1978
Length
4 pages
Annotation
THE LEGAL POSITION IN ENGLAND IS ANALYZED VIS-A-VIS POLICE POWERS TO INTERROGATE A SUSPECT WITHOUT MAKING AN ARREST.
Abstract
APPARENTLY, POLICE PRACTICE IS NOT COMPATIBLE WITH COURT DECISIONS REGARDING THE POWER OF POLICE TO DETAIN FOR INQUIRIES SUSPECTS NOT ARRESTED AND CHARGED WITH A CRIME. ALTHOUGH COURT DECISIONS HAVE INDICATED IT IS UNLAWFUL FOR POLICE TO DETAIN A SUSPECT WITHOUT MAKING AN ARREST BASED ON SPECIFIC CHARGES, IN PRACTICE SUSPECTS ARE OFTEN HELD WITHOUT BEING CHARGED ON THE GROUNDS THAT THEY ARE 'HELPING THE POLICE WITH THEIR INQUIRIES.' THERE IS NOTHING IN LAW TO SUBSTANTIATE THIS PRACTICE UNLESS THE POLICE CAN RELY ON THE CRIMINAL LAW ACT OF 1967, WHICH ALLOWS POLICE TO DETAIN A SUSPECT WHERE THERE IS REASONABLE SUSPICION THAT THE PERSON IS GUILTY OF OR ABOUT TO COMMIT AN ARRESTABLE OFFENSE. UNDER THE CURRENT LEGAL POSTURE, POLICE MUST THUS WALK THE 'TIGHTROPE' BETWEEN LAWFUL ARREST AND UNLAWFUL DETENTION. WHEN THEY MISJUDGE, THEY ARE NOT ONLY OPEN TO PUBLIC CRITICISM, BUT ALSO A POSSIBLE ACTION FOR FALSE IMPRISONMENT. THE THOMPSON REPORT OF 1975 AIMS TO CLARIFY MATTERS ON THIS ISSUE BY ALLOWING THAT POLICE SHOULD HAVE LIMITED POWERS TO STOP PERSON IN THE STREET LONG ENOUGH TO ASK FOR AN EXPLANATION OF SUSPICIOUS CONDUCT, TO OBTAIN NAME AND ADDRESS, AND TO VERIFY THE NAME AND ADDRESS IN CASES WHERE IT CAN BE DONE QUICKLY. (RCB)