NCJ Number
104650
Date Published
1986
Length
8 pages
Annotation
The British Police and Criminal Evidence Act 1984 and the Code of Practice for the Detention, Treatment, and Questioning of Persons by Police Officers specifies police procedures that will not violate a suspect's right to remain silent; whether or not these procedures can be properly implemented is debatable.
Abstract
The act provides that any suggestion to a court that a confession has been illegally obtained requires the prosecution to prove 'beyond reasonable doubt' that the confession was legally obtained. It also mandates that if the case against a mentally handicapped person depends on a confession made in the absence of an independent person, the court must warn the jury of the special need for caution. The code specifies conditions for the interrogation of detained persons, including provisions for rest and meal breaks and the use of comfortable facilities. All arrestees must be told by police that they can remain silent and that any statements made by the suspect may be used in evidence. Custody officers have the responsibility of ensuring that detention and interrogation rules are followed, that custody records are maintained, that duty solicitors and legal aid are made available to suspects, and that appropriate hearings to secure further detention are held. Many police agencies believe the new procedures will prove time consuming and burdensome, to the detriment of effective case processing. 13 notes.