Should the police be allowed to impose brain scans on suspects, on the assumption that brain scans can help prove mens rea? The English criminal justice system is based on a “range of decisions and procedures arising from the investigation and questioning of people” which develop common-sense ideas of free will and responsibility for conduct. Imposing brain scans on suspects by the police excludes the system from investigation and interrogation procedures, which is known as justice. Brain scans can be used for the criminal law element of mens rea, which is required by the criminal justice system to convict someone of a crime However the presumption of innocence and a fair trial would be at risk as someone would be found guilty by the police in the courts. Therefore, this essay argues that the police should not be able to force brain scans on suspects, even if the evidence provided could help prove. mens rea. an issue with the Police and Criminal Evidence Act (PACE) 1984. As under the law in Article 34, the right to remain silent in custody is a principle that police officers must respect because "the right silence protects the State from violating the constitutional area of ​​a person's privacy through interrogation." Therefore, under this law, police officers are not allowed to force a suspect to answer questions. Demonstrating that performing a brain scan on a suspect and measuring his response to the scan's questions would indisputably take one's right to remain silent and under Article 78 of the PACE Act any wrongly obtained evidence would be excluded in court. So, passing that policy... halfway through the document... won't transform the legal system anytime soon, experts say" (Advance Science Serving Society, May 7, 2013), accessed November 16, 2013 Tanya Lewis, “Brain Says Guilty!” (LiveScience June 3, 2013), accessed November 8, 2013 Michael S. Gazzaniga, “How “Inadmissible” Brain Scans Can Still Influence the Courts” (Scientific American, April 13, 2011), accessed November 12, 2013 Jon Hamilton, "The Case Against Brain Scans as Evidence in Court" (NPR November 12, 2013), accessed November 13 2013