ENGLAND: DUE PROCESS, TRIAL, AND CORRECTIONAL
ORGANIZATION
MICHAEL MENDEZ
, Criminal Procedure
Royal Commission on Criminal Procedure (1981)
Both the citizenry and the police expressed a desire for a more cohesive and defined outline of police powers. This greater
understanding would both help police to know limits and citizens to understand and respect the rules.
• Called for a limiting of the scope of warrants, which should be based on reasonable suspicion or a specific statute-a reasonable
suspicion can justify a stop and frisk
• England has rules similar to Miranda that guarantee the right to a solicitor and the right to remain silent, but the ill informed are
often unaware, and confessions gained with breeches of these rules are not necessarily excluded at trial (Taking of Statements, Judges’
Rules, and Administrative Directions on Interrogation address this protocol)
• The Royal Commission recommended as a remedy the access to a solicitor twenty-four hours a day with guaranteed remuneration
• Police and Criminal Evidence Act (PACE) passed in 1984, which addressed the above concerns, as well as implementing the Codes of
Practice to assist officers in executing their duties
• The Royal Commission passed the Criminal Justice and Public Order Act in 1994 as well as the Public Order Act in the same year in
order to further the effectiveness of the pre-trial process
• Other recent evolving legislation includes the Terrorism Act (2000), the Anti-Terrorism Crime, and Security Act (2001), and the Anti-
Social Behavior Act (2003).
, Due Process: Stops, Seizures, and Searches
Similar to the U.S., the police in England must have probable
cause in order to stop, but unlike the U.S., no warrant is
required. Instead, the officer must state what is to be searched,
give his or her name and station, explain the grounds for the
search, and finally must log their search activities under PACE
guidelines. Reasonable suspicion extends to vehicles, occupied
or not. Road blocks should be approved and have merit.
To search a premises, an officer must have a warrant. As in the
U.S., the person may consent to the search without a warrant.
Warrentless searches can also be conducted if: there is imminent
danger (same as U.S.), to rescue someone, to prevent serious
property damage, to exercise a search warrant, or to recapture
an escaped prisoner.
A search warrant’s terms is covered under PACE and granted by a
magistrate. The request must be made in writing, the officer
must testify under oath regarding the request, and it must be
used once and within thirty days. Warrants should be executed
at a reasonable hour, and the officer should announce
themselves. Excluded materials include legal privilege and
excluded material (blood and tissue while still attached, personal
records, and journalistic material).
ORGANIZATION
MICHAEL MENDEZ
, Criminal Procedure
Royal Commission on Criminal Procedure (1981)
Both the citizenry and the police expressed a desire for a more cohesive and defined outline of police powers. This greater
understanding would both help police to know limits and citizens to understand and respect the rules.
• Called for a limiting of the scope of warrants, which should be based on reasonable suspicion or a specific statute-a reasonable
suspicion can justify a stop and frisk
• England has rules similar to Miranda that guarantee the right to a solicitor and the right to remain silent, but the ill informed are
often unaware, and confessions gained with breeches of these rules are not necessarily excluded at trial (Taking of Statements, Judges’
Rules, and Administrative Directions on Interrogation address this protocol)
• The Royal Commission recommended as a remedy the access to a solicitor twenty-four hours a day with guaranteed remuneration
• Police and Criminal Evidence Act (PACE) passed in 1984, which addressed the above concerns, as well as implementing the Codes of
Practice to assist officers in executing their duties
• The Royal Commission passed the Criminal Justice and Public Order Act in 1994 as well as the Public Order Act in the same year in
order to further the effectiveness of the pre-trial process
• Other recent evolving legislation includes the Terrorism Act (2000), the Anti-Terrorism Crime, and Security Act (2001), and the Anti-
Social Behavior Act (2003).
, Due Process: Stops, Seizures, and Searches
Similar to the U.S., the police in England must have probable
cause in order to stop, but unlike the U.S., no warrant is
required. Instead, the officer must state what is to be searched,
give his or her name and station, explain the grounds for the
search, and finally must log their search activities under PACE
guidelines. Reasonable suspicion extends to vehicles, occupied
or not. Road blocks should be approved and have merit.
To search a premises, an officer must have a warrant. As in the
U.S., the person may consent to the search without a warrant.
Warrentless searches can also be conducted if: there is imminent
danger (same as U.S.), to rescue someone, to prevent serious
property damage, to exercise a search warrant, or to recapture
an escaped prisoner.
A search warrant’s terms is covered under PACE and granted by a
magistrate. The request must be made in writing, the officer
must testify under oath regarding the request, and it must be
used once and within thirty days. Warrants should be executed
at a reasonable hour, and the officer should announce
themselves. Excluded materials include legal privilege and
excluded material (blood and tissue while still attached, personal
records, and journalistic material).
