I was watching the TV series ‘life on mars’ about a year ago (the UK version, not the US version) and in the first episode the inspector is talking to a mentally ill man, and when asked about pressing on him harder says something like ‘and risk going to jail for harassing a schizophrenic’, something like that. I saw it a year ago.
Is that an actual law in the UK? Are the police not allowed to harass, intimidate or lie to the mentally ill there? Or was that just tv?
It’s against the law in the jurisdiction of England & Wales to harass anyone, whether you’re a police officer or not. I imagine similar laws apply in Scotland and Northern Ireland.
Life On Mars is a police show set in the 1970s about a slightly out of control old-fashioned policeman who doesn’t play by the rules. You’d be unwise to base your opinions on modern day real-life policing on this.
It might be better to ask yourself what legal system could ever make ‘police officers harassing the mentally ill’ a specific crime. It’s not one in real life.
In the episode in question, IIRC, I think it was more about him trying to get answers out of someone who just wasn’t mentally capable of providing those answers reliably, especially under pressure, and there was no lawyer present. He would have believed the threats the cop was making. His testimony wouldn’t have stood up in court.
In the UK anAppropriate Adult must be present if a person who is under 17 or classed as a vulnerable adult – a person who suffers from mental illness, learning difficulties or literacy problems. This is in addition to legal counsel.
Their role is to to explain the meaning of legal terms, offer counsel or comfort, give advice, contact relatives, ensure the offender is aware of his rights, and that the offender is receiving the care he or she is entitled to. This certainly makes it difficult for a police officer to harass, intimidate or lie to a mentally ill person if they expect the results to stand up in court. (Of course they are not supposed to harrass or intimidate anybody)
The principle was established following the 1972 Maxwell Confait murder which led to a famous miscarriage of justice. Confait’s body was discovered following a fire. Three youths were convicted of the murder. Two were under sixteen and the third, aged eighteen, had a mental age of eight. All had been interviewed alone and alleged mistreatment The eighteen year old confessed to the murder and one of the others to setting the fire.
The boys were freed on appeal in 1975. In 1980 it was established that the murder has been committed by someone else. A review looked at how the confessions had been obtained and subsequently the rules on Appropriate Adults were established with the passing of the the Police and Criminal Evidence Act 1984.
So, since Life on Mars is set in 1973, it is unlikely that a police officer would have had any legal problem with questioning a mentally impaired suspect.
Thats where you are wrong. The scene I am thinking of took place before he traveled back in time since it was the first episode.
In that case ignore my last paragraph. I would say it does accurately portray what is supposed to happen these days.