Police Powers
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A useful BBC News article is: Can anyone make a citizen's arrest?
The Right to Silence:
The police have the power to ask suspects or detainees questions. However, questioning is supposed to stop once a person has been charged (Code C, para 16.5). It is generally believed that a person has the right to maintain silence in the face of police questioning. However, the government limited (rather than abolished) the right to silence in the Criminal Justice and Public Order Act 1994:
- First of all, if a person fails to mention a defence to the police, then when being tried, the court or jury may draw such inferences as appear proper under s34.
- Secondly, when a suspect who is interviewed after arrest fails or refuses to answer certain questions, or to answer them satisfactorily, after due warning, a court or jury maw draw such inferences as appear proper under ss36 and 37.
This is explained in more detail below:
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Extent of Power |
Safeguards |
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Where a suspect, on
being questioned fails to mention any fact relied on in his defence,
which could reasonably have been mentioned when questioned, the court or
jury, in deciding whether the accused is guilty of the offence, may draw
such inferences from the failure as appear proper: s34 Where a person is
arrested and there is found on his person, or in his clothing or
footwear, or otherwise in his possession, or in the place where he was
arrested, any objects, marks or substances, or marks on such objects,
and the person fails or refuses to account for the objects, marks or
substances found, then the court or jury in determining whether the
accused is guilty of the offence, may draw such inferences from the
failure or refusal as appear proper: s36 Where a person
arrested was found by a constable at a place at or about the time of the
offence for which he was arrested is alleged to have been committed, and
the person fails or refuses to account for his presence at that place,
the court or jury in determining whether the accused is guilty of the
offence, may draw such inferences from the failure or refusal as appear
proper: s37 |
Person must be
cautioned before any questions are put to him (Code C, 10.1). The caution shall be in the following terms: ‘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.’ (Code C, 10.4) Due warning must be
given to the suspect (Code C paras 10.5A-C).
The interviewing officer must first tell the suspect in ordinary
language: (a) what offence he
is investigating; (b) what fact he is
asking the suspect to account for; (c) that he believes
this fact may be due to the suspect’s taking part in the commission of
the offence in question; (d) that a court or
jury may draw a proper inference if he fails or refuses to account for
the fact about which he is being questioned; and (e) that a record is
being made of the interview and that it may be given in evidence if he
is brought to trial. |