论英国警察讯问权的发展

Changes in Police Interrogation In England and Wales

英国警察最初与普通公民一样,基本上不具有对犯罪嫌疑人的讯问权。司法判例以及20世纪前期发展的法官规则认可了事实上存在的警察讯问权并确立了基本的适用规则。由普通法调整的状况持续到20世纪80年代,制定法在规范警察讯问程序的同时也在一定程度上对公民的沉默权予以限制。警察讯问权总体上不断扩张,在这个过程中,普通法和制定法都努力保持警察侦查权与公民权利之间的平衡。

When the modem police was established in 1820s in England, the police were just like ordinary people who did not have power to interrogate the suspects. Later, the power of interrogation was developed by the police and was approved by the judges through the case law, especially the Judge＇s Rules developed in early 20th century. In 1980s, the power of interrogation was codified. The Police and Criminal Evidence Act 1984 and its practice codes regulate the process of interrogation strictly in order to protect the individual＇s rights. However, ten years later, the Criminal Justice and Public Order Act 1994 restricted the suspects＇ right of silence. In general, the power of police interrogation is expanding, and the judges and legislators always try to keep the balance between the police power and the individuals＇ rights.