ROYAL COMMISSION

Evening Post, Volume CVII, Issue 102, 4 May 1929, Page 9

ROYAL COMMISSION

FINDINGS OF REPORT

PROCEDURE AND POWERS (From "The Post's" Representative.) LONDON, 27th March. Tho Royal Commission on Polico Powers and Procedure, set up about seven months ago under the chairmanship of Lord Lee of Fareham, hits issued a report which forms a volunio of 161 pages. Tho report is "unanimous and without reservations of any kind." It records that no evidence has been found of "Third Degree" methods; of initiating offences with a view to inducing or entrapping members of tho public into committing breaches of the law, or of "trumped up" charges. .Reference is made to laws "out of harmony with public opinion," and :i large number of recommendations are made as to changes in procedure and practice. Regarding the relations between 1!.,.. public and the police, tho Commissioners point out that tho police, in exercising their functions, arc, to a peculiar degree, dependent upon the goodwill of the general public, and that the utmost discretion must, be exercised by them to avoid over-stepping tho limited powers which they possess. A proper and mutual understanding between the police and public is essential for the maintenance of law and oraor. "Such an understanding can bo based upon a frank recognition and examination of all tho difficulties involved, "with equally frank criticism, and we have found no desire in any quarter, least of all amongst tho police themselves, to shrink from any inquiry into possible sources of public uneasiness.

PRACTICE OF "CAUTIONING."

"Cautioning" should bo retained (states the Commission), and its use should be regularised and clearly explained both to tho public and to the police. The moment at which the caution is administered should not he capable of being used or varied for tactical reasons, and in this respect the police should be relieved of a responsibility which is peculiarly difficult to exercise with impartiality, and which tends to expose them to allegations of unfairness towards suspected person?. At the outset of any formal questioning, whether of a potential witness or of a suspected person, with regard to any crime or any circumstance connected therewith, the following caution should be administered: "I am a police officer. I am making inquiries (into so-and-so), and I want to know anything you can tell me about it. It is a serious matter, and I must warn you to be careful what you say." No special warning, apart from tho caution at the outset of any questioning, should be given in the case of a witness whose personal character is, or may be involved. '

PLAIN CLOTHES OFFICERS. Only officers who are actually engaged on detective work, the Commisiiou maintains, should wear plain clothes, lwo officers should not work together tor long periods. " There is no evidence of any practice 1 of initiating offences with a view to inducing or entrapping members of the public into committing breaches of the l W'i* "T a Sacral rule the police should observe only, without participating in, an offence, except where they see the offence being habitually committed and then only on the written authority of a chief constable The practice of sending police offitZV \m^ Clubs ' <^S«isea as guests, and with power to spend money Ift IS. who"y objectionable, and shoufl hbe- t P">hibi te^ Legiilatioa should be introduced giving power to chief constables to authorise, in writ-1 ing, selected police officers to enter -i d inspect all or any registered clubs when they have reason to suspect that the law is being broken. The police should b« instructed not to make- special inquiries into the- character or accused persons before trial for the purpose of Court information, unless the accused gives consent. Arrest should bo made in an unmistakable manner. The prisoner should be given the option, in cases, of writing his aa . Hirer to a charge. Any person who I under restraint should bo treated -is being in custody for all purposes. "Detention" as a separate procedure is unnecessary and open to abuse

VOLUNTARY STATEMENTS. A rigid instruction should Yo issued to _the pohco that no questioning of a prisoner, or a "person in custody " about any crime or offence with which he ,s or may be charged should be permitted. L There should be the most stringent safeguards xn the case of voluntary statements. A prisoner wishino- to make one should bo cautioned, offered writing materials, and left to write without being overlooked, questioned or prompted. If the prisoner prefers to have lua statement taken down ho should bo required to make a request to that effect in writing. "ther points in th« D re port arc-— All person* in custody, on arrival at fh* police station, should be allowo,' facilities to consult with their leal advisers, ana also their friends, Wept when the interests of justice forbid. The use of plain clothes police for the final step of arresting or taking

the names of persons charged with iudecent conduct should be definitely prohibited. The time is ripe for a substantial increase in the numbers of women police, more particularly in cities, for patrol work in uniform. The existing safeguards mako it impossible for any systematic impropriety of conduct by the police in tho investigation of crimes and offences to pass undetected or unchecked. LITTLE EVIDENCE OF MISCONDUCT.

Investigation of allegations against the conduct of the police leads the Commissioners to the opinion that there is little evidence of misconduct. They do not deny that corruption takes place, but they declare that its extent has been greatly exaggerated. They emphasise that corruption, where it exists, seems tc be mainly associated with tho enforcement of laws which are out of harmony with public opinion, or in °nforeing which the police are compelled by lack of adequate powers to have recourse to unsatisfactory methods x uetectiou. Moreover, they say, so long as the police remain exposed to unfair temptations it cannot be expected that corruption will be wholly rooted out. They add: "Tho blame 'for such corruption as occasionally occurs cannot be concentrated entirely upon the police. The public must also bear its share and recognise that in this matter it has its own obligations to the police, iirst and foremost in ceasing to regard the. successful offering of a bribe to a policeman as something of an achievement, and, secondly, in not exaggerating tho extent of au evil which, we are convinced, is confined to comparatively few members of tho Force. The culprits in recent conspicuous cases, they declare, were in no souse'typical of the service which they have disgraced, and their detection and punishment were welcomed and approved by the Police force as a whole. "FOST-WAR MENTALITY." Tho report concludes with some observations on statements which have been made condemning the "post-war mentality" of the police. The Commissioners do not believe that changes i" police mentality have taken an undesirable direction. "We are satislied," they say, "that tho general standards of education, training, and knowledge of the law which, in a greater or less degree, prevail throughout the Force to-day are in no sense interim- to those which obtained before tho war. Indeed, tho general level ol police efficiency is probably higher than it was, owing to tho greater uniformity ot pay, conditions of service and training; whilst, in spirit, though not m form, the whole service is tending to become a unified National Force I his is all to the good and, just as it will bring to the Police Service a feeling of solidarity and common interest so it should develop and increase its sense of duty to the community. There is, we believe, « n instinctive niid deeprooted sympathy between tho public and the police, which has never really been broken, in spite of minor misunderstandings and cases of friction which occasionally ruffle the relations between them These are often due to causes for which the police themselves iiro not directly responsible, and if as a result of our recommendations in this report, the existing difficulties will be alleviated or removed we shall feel that f our labours have- not been in