The Police and Criminal Evidence Act 1984
| Date | 01 November 1985 |
| DOI | http://doi.org/10.1111/j.1468-2230.1985.tb00869.x |
| Published date | 01 November 1985 |
| Author | Stephen Jones |
LEGISLATION
THE
POLICE
AND
CRIMINAL
EVIDENCE
ACT
1984
THE
Police and Criminal Evidence Act
1984
is one of the most
controversial pieces of legislation in recent years. Its provisions are
based on the recommendations of the
1981
Royal Commission on
Criminal Procedure. The Act is complex and comprises eleven
parts. In this note detailed consideration is given to the detention,
questioning and treatment of suspects at the police station which
are dealt with in Parts IV and V. It is here that the suspect is most
vulnerable to excessive police pressure and the balance between
police powers and the new safeguards provided for the suspect is
of
crucial importance. This discussion is preceded by an outline of
the rest of the Act.
Outline
of
the
Act
Part
I
deals with stop and search. A constable may search persons
or vehicles
if
he has reasonable grounds to suspect the presence of
stolen or “prohibited” articles (including offensive weapons and
articles which are intended to be used or designed for use in
certain specified serious offences)
(s.1).
The search can only be
carried out in any place to which the public have access which is
not a dwelling. Generally a constable should make a written record
of the search unless is it impracticable to do
so.
The record should
be made on the spot or as soon as is practicable after the search.
For
12
months a copy of the record must be made available on the
request of the person searched or the owner or user of any vehicle
searched
(s.3).
Road checks can be held if authorised in writing by
an officer of at least superintendent rank who has reasonable
grounds to consider the vehicle is carrying a person who has
committed or witnessed a serious arrestable offence or a person
who is unlawfully at large
(s.4).
A “serious arrestable offence” for
the purposes of the Act comprises four categories: (a) offences
which are always serious arrestable offences (such as treason,
murder, manslaughter, rape and kidnapping); (b) offences involving
the prevention of terrorism which are only in this category for the
purposes of powers to delay notification of arrest and access to a
solicitor; (c) any other arrestable offence whose commission leads
to or is intended to lead to, or is likely to lead to harm
to
the
The genesis of the Royal Commission may be traced to the inquiry held by Sir Henry
Fisher in the Confait Case, which had shown how the Judges’ Rules, governing the
detention and questioning
of
suspects, had been ignored. Fisher commented that there
should be a broader inquiry
-
“something like a Royal Commission.” In fact pressure to
reform police powers goes back at least to the
1950s
and in the early
1970s
the
unsuccessful attempt of the Criminal Law Revision Committee to strengthen police
powers, by altering the
rules
of evidence.
679
To continue reading
Request your trial