NCJ Number
63708
Date Published
1978
Length
178 pages
Annotation
TESTIMONY BY LONDON'S POLICE COMMISSIONER CONCERNS ENGLISH POLICE POWERS AND DUTIES OF SUSPECTS, AND THE MEANS BY WHICH THESE RIGHTS ARE SECURED.
Abstract
THE COMMISSIONER STATED THAT PARLIAMENTARY HESITATION TO GIVE POLICE PROPER INVESTIGATORY POWERS, ENCOURAGES THEM TO BREAK THE LAW IN PURSUIT OF CRIME. TOPICS DISCUSSED UNDER SEARCH AND EVIDENCE GATHERING INCLUDED POWERS AND LIMITATIONS WITH AND WITHOUT WARRANT OR ARREST AND OTHER EVIDENCE GATHERING. THE COMMISSIONER FAULTED THE PRESENT SYSTEM AS HAPHAZARD AND RECOMMENDED THAT POLICE BE GIVEN THE POWER TO STOP AND SEARCH PERSONS AND VEHICLES IN PUBLIC, SET UP ROAD BLOCKS, AND APPLY FOR SEARCH WARRANTS; SEARCH AND ARREST SHOULD BE CLARIFIED. CONCERNING POLICE POWERS OF ARREST, WITH OR WITHOUT A WARRANT, PERTINENT COMMON LAW AND STATUTES ARE PRESENTED AND DISCUSSED. RECOMMENDATIONS INCLUDE EXTENDING THE SAME POWER OF ARREST POWERS BY STATUTE. DETENTION BY POLICE AFTER ARREST IS DEFINED AND ITS ROLE IN HELPING POLICE BUILD CASES IS DISCUSSED. THE COMMISSIONER RECOMMENDS THAT POLICE POWER TO DETAIN SUSPECTS TO BUILD A CASE ON REASONABLE SUSPICION NOT EXCEED 72 HOURS. PERTINENT RULES GOVERNING QUESTIONING SUSPECTS AND THEIR RAMIFICATIONS ARE ALSO COVERED; THE COMMISSIONER RECOMMENDS ENLARGING POLICE QUESTIONING POWERS BUT READING SUSPECTS THEIR RIGHTS BEFORE QUESTIONING THEM. THE COMMISSIONER ALSO TESTIFIES AND MAKES RECOMMENDATIONS ABOUT USE OF TAPE RECORDINGS, RIGHTS OF JUVENILES, OBTAINING BODY SAMPLES (INCLUDING FINGERPRINTS) FROM SUSPECTS, MAKING IDENTIFICATIONS, AND BAIL. FINALLY, CONCERNING THE MEANS BY WHICH SUSPECTS SECURE THEIR RIGHTS, THE COMMISSIONER DISCUSSES JUDGES' RULES, CIVIL, CRIMINAL, AND DISCIPLINARY PROCEEDINGS AGAINST POLICE OFFICERS, AND APPLICATIONS FOR WRITS OF HABEAS CORPUS.