A Comparative Analysis of the Independence of the Supervisory Authority over Pre-charge Detention in Iranian and English Law; Challenges and Solutions
Keywords:
Criminal Responsibility, Artificial Intelligence, Imāmīyya Jurisprudence, , Human Agent, Causation, Initiative RuleAbstract
The pre‑charge detention stage (custody) represents the most critical phase in the criminal justice process, as the suspect is isolated from the outside world and remains within the sovereign domain of the police. Ensuring fundamental rights at this stage depends less on statutory texts and more on the existence of an "independent supervisory authority" capable of balancing the exigencies of crime detection with the protection of individual liberties. Utilising a descriptive‑analytical method and a comparative approach, this research explores the independence of these authorities within the legal systems of Iran and England. In English law, following the enactment of the Police and Criminal Evidence Act (PACE 1984), the supervisory model is based on administrative‑professional oversight. The "Custody Officer," who is legally required to remain independent from the investigative team, is responsible for overseeing the lawfulness of detention; however, their organisational affiliation with the police force poses challenges to their structural independence. Conversely, the Iranian legal system emphasises a judicial oversight model, where the Prosecutor and the Investigating Judge (Bāzpors) serve as the primary authorities supervising law enforcement officers (Ẓābiṭān). The findings of this study indicate that the fundamental challenge in Iranian law is the "overlap of duties" and the conflict of interest arising from the integration of the prosecution and supervisory roles within the Prosecutor's Office
References
1. Amīrī, M. (2025). Lack of agreement between the Prosecutor and the Investigating Judge regarding the issuance of a no‑bill order. Journal of Research and Development in Criminal Law and Criminology, 2(4), 159–180.
2. Ājūdānī, A. (2014). Police legalism in arrest and detention with an approach to the Code of Criminal Procedure adopted in 2013. Semnan Police Knowledge, 4(13), 35–48.
3. Āshūrī, M. (2025). Code of Criminal Procedure (Vol. 1, 24th ed.). Tehran: Mizan.
4. Parvīzīfard, A. (2012). Arrest of the accused without judicial order: A comparative study in Iranian and English law. Private Law Studies Quarterly, 42(2), 75–91.
5. Jabbān, M.; Ṣābir, M.; & Mūsavī Majāb, S.D. (2023). Prior judicial supervision over prosecution and investigation: Foundations and consequences. Justice Law Journal, 88(128), 197–226.
6. Ḥājīpūr, Y. (2022). Law Enforcement Officers in the Criminal Process (Iran and England) (1st ed.). Tehran: Majd.
7. Heydari, E. (2015). Defence rights of the accused during the "custody period" under the Code of Criminal Procedure and a comparative study with English law. Judicial Law Perspectives, 20(71), 27–53.
8. Rajab, M.A. (2017). The principle of proportionality of security measures and its place in the Iranian criminal justice system. Justice Law Journal, 81(98), 61–82.
9. Shaykhī, Z. (2020). Proportionality of criminal security measures and the protection of citizens' rights under the Code of Criminal Procedure 2013. Alawi Jurisprudential Knowledge, 6(12), 94–117.
10. Ṣāleḥī, M.K. & Afrāsiyābī, A. (2018). The position and limits of the Prosecutor's powers in the Iranian criminal justice system. Criminal Law Research Quarterly, 7(25), 191–230.
11. Law on Respect for Legitimate Freedoms and the Protection of Citizens' Rights (2004).
12. Code of Criminal Procedure (2013).
13. Nūrī, S.F. & Āqāʼī, N. (2023). Re‑examining the pattern of communication between the judge and the judicial law enforcement officer in the criminal justice system. Legal Studies, 6(18), 142–166.
14. Ashworth, A., & Redmayne, M. (2020). The Criminal Process (6th ed.). Oxford: Oxford University Press.
15. Cape, E. (2021). Defending Suspects at Police Stations: The Practitioner's Guide to PACE (8th ed.). London: Legal Action Group.
16. Police and Criminal Evidence Act (PACE). (1984). Statutory Framework for Police Powers in England and Wales. UK Public General Acts.
17. Sanders, A., Young, R., & Bridges, L. (2010). Criminal Justice. Oxford: Oxford University Press.
18. Sanders, A., Young, R., & Bridges, L. (2021). Criminal Justice (5th ed.). Oxford: Oxford University Press.
