NCJ Number
50744
Journal
Police Review Volume: 85 Issue: 4462 Dated: (JULY 21, 1978) Pages: 1074-1077
Date Published
1978
Length
4 pages
Annotation
AMENDED RULES AND RELATED ADMINISTRATIVE DIRECTIONS TO THE POLICE, WHICH TAKE INTO ACCOUNT RELATED CIRCULARS ISSUED BY ENGLAND'S DEPARTMENT OF STATE SINCE 1964, ARE PRESENTED.
Abstract
JUDGES CONTROL THE CONDUCT OF TRIALS AND THE ADMISSION OF EVIDENCE AGAINST PERSONS ON TRIAL BEFORE THEM. THEY DO NOT CONTROL OR IN ANY WAY INITIATE OR SUPERVISE POLICE ACTIVITIES AND CONDUCT. MATTERS SUCH AS AFFORDING REASONABLY COMFORTABLE CONDITIONS; ADEQUATE BREAKS FOR REST AND REFRESHMENT; SPECIAL PROCEDURES IN THE CASE OF PERSONS UNFAMILIAR WITH THE ENGLISH LANGUAGE, OF IMMATURE AGE, OR FEEBLE UNDERSTANDING ARE PROPER SUBJECTS FOR ADMINISTRATIVE DIRECTIONS TO THE POLICE. JUDGES' RULES DO NOT AFFECT THE FOLLOWING PRINCIPLES: CITIZENS HAVE A DUTY TO HELP POLICE OFFICERS IN DISCOVERING AND APPREHENDING OFFENDERS; POLICE OFFICERS CANNOT COMPEL, OTHERWISE THAN BY ARREST, ANY PERSON TO COME TO OR REMAIN IN A POLICE STATION; EVERY PERSON AT ANY STAGE OF AN INVESTIGATION SHOULD BE ABLE TO COMMUNICATE WITH A LAWYER; WHEN POLICE OFFICERS HAVE ENOUGH EVIDENCE TO PREFER CHARGES AGAINST PERSONS FOR OFFENSES, THEY SHOULD WITHOUT DELAY CAUSE PERSONS TO BE CHARGED OR INFORMED THAT THEY MAY BE PROSECUTED; AND IT IS A FUNDAMENTAL CONDITION OF THE ADMISSIBILITY OF EVIDENCE AGAINST ANY PERSON THAT HIS OR HER STATEMENTS BE VOLUNTARY. RULES FOR POLICE TO FOLLOW AND FOR JUDGES TO CONSIDER WITH RESPECT TO QUESTIONING, PROSECUTION, INTERROGATION AND THE TAKING OF STATEMENTS, AND INQUIRIES INVOLVING DEAF PERSONS ARE OUTLINED. (DEP)