Withdrawal of Statement or Confession: Case of Simon

In reference to the case of Arrest and Detention of Simon, it is a clear note of misuse of power by the police department and violation of English Law of England and Wales. It is noticed that Simon has been tortured to the limits by detention 15 hours at a stress and was forced to say that he is connected with the drug dealer. In such an instance, Simon can definitely file a case to withdraw his statement, or the so-called confession.

At the foremost level any arrests under the regulation of English law is not possible without a warrant or any prior information (as noted in Police and Criminal Evidence Act of 1984, Section 28). Simon was here grabbed and put into the police car without any intimation. It is on his way to the police station that he was informed of being accused of dealing with drugs dealer. This is absolutely unlawful.

Though under Police and Criminal Evidence Act of 1984, Section 24A offer space for arrest without warrant, still it protects the arrestee from any ‘sufferance from physical injury’ in the second point.

Further, Simon was arrested without any evidence. The police even didn’t bothered to ask him what was in the package that the offered to the drug dealer. In accordance to the Police and Criminal Evidence Act of 1984 (that is PACE) (1984 c. 60), the Parliament institutes the powers of police officers in the regions of England and Wales to combat crime. However, PACE aims in offering powers to both police and public for a balanced administration and execution of laws. As the police must have offered apt execution of arresting Simon through the implication of a search warrant meant for the possibilities of drugs, the approach turns up unlawful. In this case they should have at least asked Simon about the package that he delivered.

Moreover, during the detention, Simon was ‘interviewed for over 15 hours without a break’. Nothing can be more stressful than this and through this the police compelled Simon to accept whatever the charges are bestowed upon him and declaring him as a convict prior to any intimation to the legal court. This is an absolute violation towards the sense of maintaining security in the society ( R. v Howell [1981] 3 W.L.R.501 and Lavin v. Albert [1982] A.C. 546).

Above all, this case also challenges the laws set by the International legal system. According to the Universal Declaration of Human Rights, under Article 9,

"No one shall be subjected to arbitrary arrest, detention or exile."

This is absolutely violated by the police and intervenes Human Rights regulation of individual liberty, in this case.

Ø  Against all the violations opted by the police department, that are-

Ø  Arrest without prior information

Ø  Arrest without search of evidence

Ø  Torture during detention

Ø  Violation of Individual liberty

I would suggest Simon to follow the English Law and assure him that he can legally withdraw his statement in this respect. Since, the English Law is impartial in its declarations sooner Simon will be released of all the accusations and will be able to go back to his normal life.