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Understanding Criminal
Justice
Police Questioning &
Detention
Lecture aims
To introduce police powers at
the police station
To introduce suspects rights
Dr Harriet Pierpoint
Dr Harriet Pierpoint
Due Process
Disregard of legal
controls
Implicit presumption of
guilt
High conviction rate
Unpleasantness of
experience
High conviction rate
Confait Case
Fisher Inquiry (1977)
Royal Commission on Criminal Procedure (1981)
Police and Criminal Evidence Act 1984
(Revised) PACE Codes of Practice
Background
Background
PACE (1984)
Any person at a Police station voluntarily is
entitled to leave unless arrested
Any arrested person can be held for 24 hours
without charge
Introduced role of the Custody Sergeant
Rights to legal advice clarified
Detention (Code C)
To legal advice
Identification
methods (Code D)
Questioning (Codes
Dr Harriet Pierpoint
C, E & F)
Dr Harriet Pierpoint
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Detention
Custody officer/record
Entitlement to minimum
conditions
e.g. bedding, sanitation,
clothing, refreshment,
exercise & medical
treatment
Unofficial delays
In 25% cases, it was unclear whether or
not contact had been made
Detention reviews
PACE clock
Dr Harriet Pierpoint
Dr Harriet Pierpoint
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Class A drugs
PACE 1984
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Intimate search
Requires written consent
Appropriate inferences may be
drawn where a person refuses to
consent
May only be conducted by a
registered medical practitioner or
nurse
May only be conducted at a
hospital, registered medical
practitioner's surgery or other
place used for medical purposes
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Dangerous objects
Intimate search
For items which might cause
injury
Consent not required
May be carried out in a police
station
May be carried out by a police
officer of the same sex as the
suspect
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Questioning
Identification methods
Video identification/
identification
parades
Under caution
Exclusion of confessional
evidence obtained by
oppression/unfairly?
Fingerprints
Body samples
Photographs
Searches
Dr Harriet Pierpoint
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Dr Harriet Pierpoint
The Caution
You do not have to say anything. But it
may harm your defence if you do not
mention when questioned something
which you later rely on in Court.
Anything you do say may be given in
evidence.
Limited comprehension of caution
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Request Rate %
Consultation Rate %
1988
25
19
1991
32
25
1995/6
40
34
2007
60
48
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Dr Harriet Pierpoint
conveyor belt
speed of criminal
process
repression of crime as
key aim
importance of police
role and informal pretrial fact finding
Due
Process
obstacle course
protect the innocent as
well as finding the guilty
Importance of impartial
court hearing, distrust in
pre trial fact finding
Equality and control of
power abuse
Conclusions
Examination of police investigation
process highlights
tension between crime control & due
process
potential use of police powers and
suspects entitlements to exert social
discipline (Choongh, 1997)
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25