Detention, Treatment and Questioning.

An arrested 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 have a detention rooms 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 a 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 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 court.

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 types of 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.

Ex. 7. 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 a suspect 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 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?

Ex. 8. Find the English equivalents in the text:

1. задержание и досмотр

2. процессуальный кодекс

3. расследование преступлений

4. права граждан

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

6. ордер

7. причинение ущерба/ нанесение телесных повреждений

8. право не отвечать на вопросы

9. основания для задержания

10. веские / достаточные доказательства

11. полицейский участок

12. подлежать дисциплинарному взысканию

13. уполномочивать, давать право

14. иметь веские / разумные основания

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