Полиция и порядок. Артемьева О.А - 16 стр.

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- недостаточно арестовать вора-домушника (грабителя);
- признается как уголовное действие;
- проникает в дом;
- обвинять вора в преступлении;
- уметь применять закон;
- проводить расследование;
- обыск не может быть проведен в людном месте;
- выдвинуть обвинение против другого человека;
- приходится пользоваться в своей ежедневной юридической практике.
Task 2. Agree or disagree with the following statements.
While arresting a burglar, who is breaking into a house a policeman must demonstrate the knowledge of
a) the relevant section of the Act of Parliament which lays down housebreaking as a criminal offence;
b) the laws which govern his powers of arrest and search;
c) the laws relating to evidence;
d) the code for conducting an inquiry which is laid down in the Judges’ Rules.
Task 3. Comment on the Latin expression prima facie. Explain the difference between larceny and burglary.
Text 14. Judges’ Rules
1. When a police officer is investigating a crime, he may question any person, whether suspected or not, from whom he thinks
useful information can be obtained.
2. Whenever a police officer has made up his mind to charge a person with a crime, he should first caution the person before
asking him any questions or any further questions, as the case may be.
3. Persons in custody should be cautioned before being questioned.
4. If the prisoner wishes to volunteer a statement, he should first be cautioned. (A police officer is not necessarily obliged by this
rule to stop a prisoner from making a statement. See Rule 6.)
5. The caution to a prisoner, when he is formally charged should be: “Do you wish to say anything in answer to this charge? You
are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be used in
evidence”. Care should be taken to avoid making the suggestion that his answer can only be used in evidence against him.
6. A statement by a prisoner before there is time to caution him is allowed in evidence, but he should be cautioned as soon as
possible.
7. A prisoner making a voluntary statement must not be cross-examined except to remove ambiguities in what he has actually
said.
8. When two or more persons are charged with the same offence, and statements are taken separately from them, the police
should not read these statements to the other persons charged but should give each of them a copy of the statements and nothing
should be said to invite a reply. If a reply is volunteered, the usual caution should be given.
9. Any statement made in accordance with these rules should, whenever possible, be taken down in writing and signed by the
person making it after it has been read to him and he has been invited to make any corrections he may wish.
“Have some sweets.” “I hate being disturbed when I’m at work.”
Text 15. Arrest and search warrants
1) An arrest warrant must be distinguished from a search warrant.
A warrant for arrest authorises taking the person in question into custody.
A search warrant authorises the police to enter premises and to search for specified evidence of criminality such as weapons, stolen
goods, or narcotics, and it requires a showing of reasonable cause to believe that the evidence will be found at the specified premises.
Without a search warrant, the police may search a person, a vehicle, or premises only under very limited circumstances. Arrest
without и warrant and search without a warrant are governed by rules, developed by the United States Supreme Court under the Bill
of Rights
1
and the fourth amendment. The rules involve many distinctions and render the process of arrest and search a highly
technical exercise except where an offence is committed in the presence of a policeman. The legal controls on arrest and search serve
to protect individual rights, but they also carry the risk of morally corrupting the police.
2) Most arrest made on police patrol are made without warrants, for the obvious reason that an encounter with crime on patrol
requires immediate response. Warrants for arrest therefore are more often used where the suspect is identified through detection. An
arrest in the course of patrol is usually made on the basis of the individual officer’s judgement, but sometimes upon radio consultation
with a supervising officer. An arrest by detectives or upon warrant by definition is usually based on a decision by a higher authority.

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