Police Powers and the Rights of Arrested Persons Notes

Authors Avatar by zhilinglim27gmailcom (student)

The police would need to question suspect before they can retrieve any concrete evidence. The person has to be in custody before potential crime takes place to question the person further and obtain more information. It is important that ordinary people are not unnecessarily harassed by the police and that suspects are protected from overzealous police methods. Hence, several rights are given to individuals.

In s.28 PACE and Caution Code C, arrested person must be informed that he is under arrest and grounds for arrest.  The Caution for arrest must be given. This is to ensure that detainees know why they are arrested to prevent the abuse of police powers.

This is illustrated in the case of Christie v Leachinsky’s case. The defendant charged without warrant was not given a reason for arrest. Hence, the arrest was unjustified and the person could claim damages for false imprisonment. This upheld the rights of individuals. 

Join now!

Under s.34 Criminal Justice and Public Order Act, detainees are given the right to remain silent. However, if the detainee has consulted a lawyer, inferences could be drawn. This was upheld in the Rice v Connolly case. The appellant was convicted for obstruction a police in execution of his duty. However, his conviction was quashed as nobody is obliged in common law to answer police questions.  Hence, protection is given to individuals as they have discretion whether to answer police’s questions. As it is citizen’s right to not incriminate himself, prosecution would bear the burden of proof that defines guilty ...

This is a preview of the whole essay