The Police and Criminal Evidence Bill 1983 Part 1
| Author | A. N. Khan |
| DOI | 10.1177/0032258X8305600207 |
| Published date | 01 April 1983 |
| Date | 01 April 1983 |
| Subject Matter | Article |
A. N.
KHAN,
M.A., LL.B.
Lecturer in Law, The University
of
Leeds;
Editor: Trade Union Law Bulletin.
THE POLICE
AND
CRIMINAL
EVIDENCE
BILL
1983
Part 1
As the Royal Commission (Philips) on Criminal Procedure (Cmnd.
8092/1981 para. 2.2) had pointed out, powers and procedures
available to the police for investigation of crimes need to be brought
up-to-date, in order to serve the changed circumstances of the
present day and foreseeable future. The Home Secretary (Mr.
Whitelaw), in introducing the Police and Criminal Evidence Bill in
the second reading debate in the House of Commons, stated
that
the
law relating to police powers is an extraordinary hotch-potch of
statute
and
common
law. Whilst the law of pre-trial investigation
giving powers
to
the police to stop and search, etc., have many
obvious shortcomings, the powers of the police have to be
counterweighed with safeguards against unwarrantable interference
with the liberty of the citizen. He added:
"It
is in a free society
that
the
police have to work, and it is a free society
that
they have to protect.
It
is possible to achieve order at
too
high a price in terms offreedom"
(Hansard, 30/
1l/82,
col. 153).
The Philips Commission, in a similar vein, had stated
that
the success
of the police depended on public support and on the co-operation of
ordinary citizens.
It
is interestingto note
that
the police themselves in
this country agree with the principle
that
the law be so framed as not
to antagonize the general public. This can happen if the public feel
that
the law confers unreasonable or draconian powers on the police.
Mr. Whitelaw confirmed this in the House of Commons when he said
that
"we so shape the law as
not
to forfeit [the public] support and
forgo [the public] co-operation".
Many
people have felt
that
the shortcomings in the law relating to
criminal investigations need to be remedied. The Government has
accepted this in their Bill,
but
some organizations
and
members of
the public are apprehensive of the widening of the powers, which may
help to widen the gap between the police and the public. This article
tries to explain some of the provisions dealing with the important
area of investigation of crimes. The Billhas to be judged,in the words
of the Philips Commission, by the criteria of fair, open
and
workable
arrangements. The article discusses the proposed law, while the
reader can make up his / her own mind as to its conformitywith those
standards.
/64 April /983
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