Essay about The Police And Criminal Evidence Act 1984
Often the main evidence relevant to the mens rea is the defendant 's state of mind, which only can be obtained by the police interrogation. Nonetheless, corruption among the police officers may not be avoided in such circumstances. In the well – known case of the ' 'Cardiff Three ' ' , the Court of Appeal quashed their conviction as they were proven to be innocent.
It was the problematic interrogation that made Stephen Miller confess a crime which he and the other members did not commit. Lord Taylor suggests that Stephen ' 'Miller was bullied and hectored...Short of physical violence, it is hard to conceive of a more hostile and intimidating approach by officers to a suspect. ' '
To avoid corruption, the Police and Criminal Evidence Act 1984 (PACE) governs codes and rules, which regulate the procedure, ensure the suspect 's rights as well as give the police wider discretionary powers.
This essay is concerned with the procedural limitations that the police will be facing during the interrogation and scrutinises that the Police and Criminal Evidence Act 1984 harmonises a balance between gaining evidence relevant to the mens rea and protecting the human rights. In furtherance of the clarification, the essay will be following:
The first section will examine the procedure of an interrogation and its limitations, which concerns the wider discretionary power of the police nowadays. Furthermore, the essay will then will be discussing the PACE and the balance…