A CRITIQUE OF THE DEFICIENCIES IN THE REGULATION OF CONTEMPORARY POLICE POWERS OF DETENTION AND QUESTIONING IN ENGLAND AND WALES

摘要

The article explores the problems associated with the regulation of police powers of detention and questioning as prescribed by the Police and Criminal Evidence Act 1984 (PACE). The police powers of detention and questioning are analysed holistically with reference to the role of the custody officer as gatekeeper, the detention reviews, the treatment and rights of detainees, and the investigative interviewing process. Whilst the fundamental purpose of police powers of detention and questioning is to investigate crime, it is argued that the deficiency in their regulation is a conceptual failure to realise that the process of police investigation militates against objective regulation. The authors argue that PACE is too reliant on self-regulation of police observation and supervision of the rules and a redefinition of the regulation of investigative powers is missing.