Stop the Clock? Predictors of Detention without Charge in Police Custody Areas

Citation

Colin Bolger, P. (2011), "Stop the Clock? Predictors of Detention without Charge in Police Custody Areas", Policing: An International Journal, Vol. 34 No. 1. https://doi.org/10.1108/pijpsm.2011.18134aae.004

Stop the Clock? Predictors of Detention without Charge in Police Custody Areas

Stop the Clock? Predictors of Detention without Charge in Police Custody Areas

Article Type: Perspectives on policing From: Policing: An International Journal of Police Strategies & Management, Volume 34, Issue 1

Layla Skinns,Criminology & Criminal Justice,2010,pp. 303-320,Vol. 10

This study examines the effects of the Police and Criminal Evidence Act of 1984 (PACE) upon length of detention without criminal charge. This precise portion of the PACE legislation is of particular importance due to potential negative impacts upon suspects and further criminal proceedings. Specifically, overly lengthy periods of detention place undue stress on vulnerable suspects (i.e. the mentally handicapped). Furthermore, they may lead to inadmissible evidence, such as false confessions, and undermine the prosecutorial process. While previous research has identified some key correlates of the length of detention, Skinns (2010) updates these findings with more contemporary data and research findings.

To accomplish this update, Skinns (2010) used a mixed methods research design at two custody facilities. Both research sites were roughly equivalent; however, a private facility and a slightly busier public facility were included. At both these facilities, participant observation was conducted, with follow-up interviews, of staff personnel. Additionally, custody records of both facilities were collected and analyzed.

Overall, length of detention was found to have increased in recent years at the two facilities. The factors affecting detention length, however, remained stable from previous research to the current study. Suspects charged or arrested late at night, and suspect who requested some form of counsel spent longer times in police detention. This stability makes explaining the overall increase in detention time difficult. One finding, however, departed from previous research as those arrested on warrant or bail offences were detained for longer periods than serious offences, but this one factor is insufficient to explain the overall net increase.

The study also uncovered some new significant predictors that impact detention length; including lengthier police investigations, immediate medical attention, and night interviews. These new factors only increase the impact of police-related factors on detention length. Given that the impact of these factors are within police control, Skinns (2010) advises against instilling a stop-clock system (not counting time spent on activities which prevent police interview of the suspect). This system may impact vulnerable suspects at higher rates and thus undermine procedural fairness.

P. Colin BolgerUniversity of Cincinnati, Cincinnati, OH, USA