Bryan, Ian (1994) The histories and structures of custodial interrogation. PhD thesis, University of Warwick.

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Abstract

This thesis is concerned with the centrality of the confession as an item of prosecution
evidence. It is also concerned with both the structures and strategies that have evolved in
the criminal justice system to legitimate the confession and preserve its vitality as
evidence probative of guilt.
The socio-legal research evaluates the status of records of police interviews within the
context of police custodial interrogations of persons suspected of involvement in crime. To
this end the thesis examines the extent to which evidence is "constructed"' within a legal
framework rather than elicited; how far the 1984 Police and Criminal Evidence Act
(PACE) has affected police-suspect relations in interrogations; the circumstances in which
suspects "elect" to cooperate with the police or decline to answer specific questions; and
the extent to which records of interrogations can be said to be complete, accurate and
reliable.
The research comprises a number of different methodologies. The first stage involves a
historical and case-based analysis of both the development of the use of confession
evidence in criminal cases and of the forms of regulation that have been applied over
police access to suspects. The investigation centres upon a structural analysis of the
relationship between suspects, the police and the courts and examines the value systems
which have conditioned the forms of regulation that have evolved.
The next stage of the study involves a comparative analysis of the content and form of
police interrogations and of the reporting or recording systems relating thereto in a sample
of cases drawn from the period prior to the introduction of the PACE Act and from a
sample generated following the implementation of the Act. This aspect of the research
builds upon conceptual categories developed by psychologists, sociologists and
criminologists.
This systematic and comparative examination of the interrogation process of the pre-
PACE era and the current PACE era is intended as a contribution to the debate
surrounding police interview practices and will help resolve contradictory accounts
relating to the police role in the criminal justice process. It is, in addition, also intended as
a contribution to questions relating not only to the regulation of police powers over
suspects but also to those. concerned with the form, nature and structure of the police suspect dynamic and, finally, to those associated with miscarriages of justice.

Item Type:	Thesis or Dissertation (PhD)
Subjects:	K Law > KD England and Wales
Library of Congress Subject Headings (LCSH):	Confession (Law) -- Great Britain, Police questioning -- Great Britain, Great Britain. Police and Criminal Evidence Act, 1984
Official Date:	July 1994
Dates:	Date Event July 1994 Submitted
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	McConville, Michael
Sponsors:	Economic and Social Research Council (Great Britain) (ESRC)
Extent:	vii, 462 p.
Language:	eng
URI:	http://wrap.warwick.ac.uk/id/eprint/4047

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