NCJ Number
82447
Date Published
1981
Length
235 pages
Annotation
This volume describes the processes that lead up to a criminal trial in England and Wales, with attention to police powers, criminal and civil law, the prosecution process, and procedural aspects of bringing a case to trial.
Abstract
The main functions of the police are outlined, and the constitutional position of the various police authorities are set forth. Police powers and procedures outside the police station (stop and search, entry to and search of premises and seizure, arrest) and police powers and procedures at the police station (the legal basis of detention, police questioning and the right of silence, identification procedures, etc.) are delineated. Other aspects of the treatment of persons in police custody that are discussed include medical examinations and documentation. The law on police discipline and complaints procedures, on the criminal and civil proceedings, and on the exclusion of evidence improperly obtained is explained. An explanation of the prosecution process covers prosecution by the police (the formal responsibility for prosecution, police decisions on prosecution, constraints upon police discretion in the decision to prosecute, cautioning) and prosecution by the Director of Public Prosecutions (functions, power to take over proceedings, consents to prosecution, etc.). Additional information is given on the functions of law officers in relation to the prosecution system, private prosecutions, and prosecutions by nonpolice agencies. The aspects involved in instituting proceedings, in committal proceedings, and disclosure of evidence by the prosecution and the defense are outlined. Appendixes include statutes, official pamphlets, and other material related to criminal trial procedures. Footnotes are included.