Detention, Treatment and Questioning

An arrest person must be taken to a police station (if he or she is not already at one) as soon as practicable after arrest. At the station, he or she will be seen by the custody officer who will consider the reasons for the arrest and whether there are sufficient grounds for the person to be detained. The Code of Practice under the 1984 Police and Criminal Evidence Act made it clear that juveniles should not be placed in the cells. Most police stations should have a detention room for those juveniles who need to be detained. The suspect has a right to speak to an independent solicitor free of charge and to have a relative or other named person told of his or her arrest. Where a person has been arrested in connection with a serious arrestable offence, but has not yet been charged, the police may delay the exercise of these rights for up to 36 hours in the interests of the investigation if certain strict criteria are met.

A suspect may refuse to answer police questions or to give evidence in court. Changes to this so-called «right to silence» have been made by the Criminal Justice and Public Order Act 1994 to allow courts in England and Wales to draw inferences from defendant’s refusal to answer police questions or to give information during his or her trial. Reflecting this change in the law, a new form of police caution (which must precede any questions to a suspect for the purpose of obtaining evidence) is intended to ensure that people understand the possible consequences if they answer questions or stay silent.

Questions relating to an offence may not normally be put to a person after he or she has been charged with that offence or informed that he or she may be prosecuted for it.

The length of time a suspect is held in police custody before charge is strictly regulated. For lesser offences this may not exceed 24 hours. A person suspected of committing a serious arrestable offence can be detained for up to 96 hours without charge but beyond 36 hours only if a warrant is obtained from a magistrates’ court.

Reviews must be made of a person’s detention at regular intervals – six hours after initial detention and thereafter every nine hours as a maximum – to check whether the criteria for detention are still satisfied. If they are not, the person must be released immediately.

Interviews with suspected offenders at police stations must be tape-recorded when the police are investigating indictable offences and in certain other cases. The police are not precluded from taping interviews for other offences. The taping of interviews is regulated by a code of practice approved by Parliament, and the suspect is entitled to a copy of the tape.

A person who thinks that the grounds for detention are unlawful may apply to the High Court in England and Wales for a writ of Habeas Corpus against the person who detained him or her, requiring that person to appear before the court to justify the detention. Habeas Corpus proceedings take precedence over others. Similar procedures apply in Northern Ireland and a similar remedy is available to anyone who is unlawfully detained in Scotland.

Recognizing that the use of DNA analysis has become a powerful tool in the investigation of crime, the Government has extended police powers to take body samples from suspects. The Criminal Justice and Public Order Act 1994 allows the police to take non-intimate samples without consent from anyone who is detained or convicted for a recordable offence, and to use the samples to search against existing records of convicted offenders or unsolved crimes. In time a national database will be built up.

Charging

Once there is sufficient evidence, the police have to decide whether a detained person should be charged with the offence. If there is insufficient evidence to charge, the person may be released on bail pending further enquiries by the police. The police may decide to take no further action in respect of a particular offence and to release the person. Alternatively, they may decide to issue him or her with a formal caution, which will be recorded and may be taken into account if he or she subsequently re-offends.

If charged with an offence, a person may kept in custody if there is a risk that he or she might fail to appear in court or might interfere with the administration of justice. When no such considerations apply, the person must be released on or without bail. Where someone is detained after charge, he or she must be brought before a magistrates’ court as soon as practicable. This is usually no later than the next working day.

2. Answer the following questions:

1. What are the main police powers in England and Wales?

2. In what cases can a police officer stop and search the suspect?

3. What does the procedure of stop and search consist of?

4. What are the provisions of 1994 Criminal Justice and Public Order Act?

5. What document is necessary to carry out an arrest?

6. What are the arrestable offences?

7. When can a person be arrested without a warrant?

8. Where should the suspects be taken after arrest?

9. What rights does the arrested person have?

10. When can the exercise of these rights be delayed?

11. What is the police caution?

12. What does the «right of silence» consist of? What can the consequences of using this right be for the suspect?

13. How long can a person be kept in custody before being charged?

14. What is the procedure of interviewing the detained person at the police station?

15. What can a person do in case of unlawful detention?

16. What are the provisions of the Habeas Corpus Act?

17. What happens to a person after he or she has been charged?

3. Find in the text above the English equivalents for the following words and expressions:

1. задержание и досмотр

2. процессуальный кодекс

3. расследование преступлений

4. права граждан

5. преступления, в связи с которыми может быть произведен арест

6. судебная повестка

7. причинение ущерба / нанесение телесных повреждений

8. право не отвечать на вопросы

9. преступления, рассматриваемые по обвинительному акту

10. основания для задержания

11. расширенные полномочия

12. запротоколированное, зарегистрированное преступление

13. веские / достаточные улики

14. полицейский участок

15. подлежать дисциплинарному взысканию

16. иметь веские / разумные основания

17. уполномочивать, давать право

18. принимать меры

19. совершать повторные правонарушения

Тема 19

Интерпол

TOPICAL VOCABULARY

Nouns

Interpol (International Criminal Police Organization) Europol (European Union law Enforcement Organization) General Assembly Executive Committee Member country Border Request Associate Fugitive   Exchange High-technology (high tech) Trafficking in human beings Hostage Ransom Explosive Database Access Staff Money laundering   Verbs Cooperate Contribute   Support Combat Counterfeit Smuggle Threaten Intimidate Represent Facilitate Reach   Adjectives Illicit alarming

Интерпол   Европол   Генеральная Ассамблея Исполнительный комитет Страна-участник Граница Запрос Соучастник, сообщник Беглец, лицо, скрывающееся от полиции (правосудия) Обмен Высокие технологии Торговля людьми Заложник Выкуп Взрывчатое вещество База данных Доступ Штат, личный состав Отмывание денег   Взаимодействовать Содействовать, способствовать, делать вклад Поддерживать Бороться, сражаться Подделывать Провозить контрабандой Грозить, угрожать Пугать, запугивать, устрашать Представлять Облегчать Достигать     Незаконный, недозволенный Тревожный