Law in Policing: Legal Regulation and Police Practices

By David Dixon | Go to book overview

4
Detention for Questioning in
England and Wales

to appreciate the dynamic is to be able to recognize the opportunity to affect it ( Rothman 1980: 11).

A central argument of this book is that legal regulation and policing practices are inextricably entwined: their relationship is interactive, one cannot be understood without the other. This theme will be explored in this and the following chapter through examining in some detail the relationship between a key policing practice--detention for questioning--and its legal regulation in two jurisdictions, England and Wales and New South Wales.1 In each case, historical analysis will be followed by consideration of research into current policing practices. This comparison focuses on how two jurisdictions which began from the same legal basis (the common law's insistence that an arrested person should be taken without delay before a magistrate, thereby effectively proscribing custodial interrogation before charge) developed differently in providing legal powers to the police. The analyses begin with discussion of crucial cases in which the legality of detention for questioning was considered.


i. Judicial Approval of Custodial Interrogation

In England and Wales, the courts constructed a power to detain for questioning out of 'common sense', gaps and inferences in the law, perceived policy requirements, and historical misinterpretation. The crucial decisions were Dallison v. Caffery2 and Holgate-Mohammedv. Duke

____________________
1
In contrast, the length of pre-charge detention has not been a significant legal issue in the US despite Mallory v. US 354 US 449 ( 1957); cf. Barrett 1962. Attention has concentrated on Miranda warnings ( Bradley 1993: 102-3).
2
[ 1964] 2 All ER 610.

-126-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Law in Policing: Legal Regulation and Police Practices
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 365

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.