The Case Against Custody: Exploring the Problems With Police Detention in England and Wales

• In Event: International CJ Policy and Practice II

Abstract

Custody officers in England and Wales have the power to detain suspects in custody by virtue of the Police and Criminal Evidence Act 1984. Yet detention in police custody can be massively detrimental – it may erode or undermine due process rights, prompt false or unreliable confessions, and may cause physical harm, or worse, to the detainee. When implemented, the power to detain was intended as a ‘last resort’ but instead is being used routinely. This paper seeks to draw critical attention on the use of police custody, prompting a reconsideration of the justifiability of detention in police custody.

Author

• Roxanna Dehaghani, University of Leicester, England