HL Deb 06 March 1968 vol 289 cc1345-6

2.44 p.m.

LORD MOYNIHAN

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether a constable has any right to insist, in the absence of a warrant or some specific power to arrest without warrant, that a member of the public should come to a police station.]

THE MINISTER OF STATE, HOME OFFICE (LORD STONHAM)

My Lords, it is one of the five principles on which the Judges' Rules are based that police officers, otherwise than by arrest, cannot compel any person against his will to come to or remain in any police station.

LORD MOYNIHAN

My Lords, I thank the noble Lord very much for that thoroughly satisfactory reply. May I ask him whether he would not agree that isolated incidents such as have been reported from time to time should if possible be prevented, as they definitely give a bad impression of the otherwise absolutely excellent services of the police force in this country?

LORD STONHAM

My Lords, I am grateful to the noble Lord for his tribute to the police force, with which I am of course in agreement. It is true that there are occasional complaints—really a very small number. All of them are investigated, under Section 49 of the Police Act 1964—there is a statutory requirement to investigate—and considerably less than 10 per cent. are found to be justified.

VISCOUNT DILHORNE

My Lords, would the noble Lord confirm that a police officer does nothing wrong in inviting someone to come to a police station, and that it is up to the person who is so invited to decide whether or not to accept it?

LORD STONHAM

My Lords, I thought that that was implicit in my original Answer, but I am glad that the noble and learned Viscount has drawn attention to it.

LORD SHAWCROSS

My Lords, would the noble Lord not agree that those improperly detained by the police by being compelled to go to it police station have ample legal remedies under the existing law, and that it is most important not to place any further and unrealistic impediments in the way of the police in the discharge of their most difficult duties on behalf of the law-abiding citizenry?

LORD STONHAM

Again, my Lords, I am in agreement with the noble and learned Lord, but I do not accept that people are improperly detained or forced to go to a police station. I reject that entirely.