NCJ Number
104656
Date Published
1986
Length
7 pages
Annotation
Although the British Police and Criminal Evidence Act 1984 requires police to justify the detention of an uncharged suspect through periodic reviews of that detention, the act still permits detention for up to 96 hours, an affront in a democratic society.
Abstract
Prior to the act, there were few restrictions on police power to detain an uncharged suspect for interrogation and the securing and preserving of evidence. The act requires that such a detention be monitored by police under the administration of a custody officer, with detention reviews required at intervals of 6 hrs., 15 hrs., 24 hrs., 36 hrs., 72 hrs., and 96 hrs., after which an uncharged suspect must be released. Police superintendents may delay a suspect's contacting an attorney or any other persons for up to 36 hrs. of detention on the claim that such contacts would jeopardize the investigation. Detention reviews at 36 hrs. and beyond must be conducted by a magistrate. Prior reviews are conducted by police. Reviews determine whether there is reasonable cause to continue the detention. Records of detention reviews and detention events must be maintained by the police. The tape recording of all interviews with the suspect is required. Although these safeguards are an improvement over previous detention practices, they do not balance the excessive loss of liberty that can be experienced by an uncharged citizen.