Police detention : a comparative analysis of the effects of the Police and Criminal Evidence Act, 1984 and the Turkish Procedure Act

The Police and Criminal Evidence Act (PACE), 1984, in England and Wales and amendments to the Turkish Criminal Procedure Act (TCPA) in 1992 Turkey are regarded as fundamental law reforms in the field of police powers and rights of suspects. Both legislations aimed to set up a balance between police powers and the rights of the individual, whilst regulating police procedures. Furthermore, both Acts were intended to end police malpractices, with the larger aim of preventing miscarriages of justice.;The thesis attempts to measure the impact of these legislative reforms on police practices with particular reference to detention and interrogation procedures. In doing so, it tries to reveal how far the rule changes under PACE and TCPA have affected police practices. In addition, the question is raised of how far policing can be shaped and controlled through the policy derived from the law. The study finds that in some police procedures there is a great deal of difference between the rhetoric of law and the actual police practice. It is therefore argued that the extensively-designed legal provisions regulating detention and questioning may not always constitute an effective restraint against the police applying the law to suit their own objectives.;Consequently, it is apparent that there is a need to support legal regulation with other procedures and measures if any legislative reform of the police and policing is to be effective. For successful reform, on the one hand the rules must not be ambiguous and confusing, and on the other hand they must be endorsed by effective legal sanctions and administrative supervision. Moreover, improved adherence to the law will require a better calibre of police recruit, while design of the organisation in which the police operate should be enhanced. Finally, ensuring that the general public know about their legal rights will also be an important element in compelling the police to act within the boundaries of the law.