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PACE: The Police and Criminal Evidence Act

What is PACE 

PACE is the short form for the Police And Criminal Evidence Act 1984. This act governs the major part of police powers of investigation including, arrest, detention, interrogation, entry and search of premises, personal search and the taking of samples. Also part of this legislation are the PACE Codes of Practice which police officers should take into consideration and refer to when carrying out various procedures associated with their work. The act attempts to strike a fair balance between the practice of their powers by those in authority and, the rights of members of the public.

PACE Codes of Practice

The PACE Codes of Practice are set out under 8 different sections labelled A to H each dealing with a different aspect of the police’s duties as follows:

• Code A: Deals with a police officer’s legal powers to search a person and or any vehicle prior to making any arrest. They must also make a note of the encounter.

• Code B: Deals with the Police’s powers to enter and search premises and seize any possessions found on a person or premises. The powers under this code are conferred in order to find any persons who are wanted by police for questioning, arrest or, in relation to any crime; to find any property and material relating to the commission of a crime or; to find any children who should be in local authority custody where they have been remanded or placed following a court order. 

• Code C: Lays out the requirements for detaining suspects and how they should be treated and questioned whilst in custody.

• Code D: Relates to the processes used by police for the identification of persons in relation to the commission of a criminal offence and the police’s obligation to maintain accurate and dependable information regarding criminal records 

• Code E: Governs all audio recording of interviews carried out at the police station. Any interview concerning the following scenarios must be audio taped; All interviews with a suspect who is cautioned in relation to a criminal offence or; any extra questions that may be put to a suspect after they have been charged with a criminal offence or; when an interviewer wants to tell a person, after they have been charged with a criminal offence, about any other written statement or interview with another person. 

• Code F: Relates to the practices associated with the visual recording with sound of an interview. An interview may be recorded visually in all the circumstances outlined under Code E or, in the presence of a deaf, or deaf/blind or speech impaired person who uses sign language to communicate; or in the presence of a minor or anyone else who requires an appropriate adult or; in any case where a visually recorded interview is requested by the suspect or their representative. 

• Code G: Deals with police powers to arrest any individual suspected of committing or connected with the commission of a criminal offence. Police powers of arrest are set out in s.24 of PACE and they should only be exercised when absolutely necessary or, they risk interfering with a suspect’s right to liberty as embodied in the Human Rights Act 1998. 

• Code H: Lays out the requirements for the detention of suspects arrested under the Terrorism Act 2000 and how they should be treated and questioned whilst in custody. This code stops applying the moment that a suspect is either charged with an offence, released without charge or transferred to a prison.

What happens when the police fail to adhere to PACE and its Codes

Although it is important to note that failure by a police officer to adhere to the codes of practice does not render them liable to criminal or civil proceedings, their failure to adhere to what the codes state can still be introduced as evidence in civil and criminal proceedings (PACE 1984 s.67). Additionally, any evidence obtained by the police in relation to the investigation of any criminal offence where they have failed to adhere to PACE, can be deemed inadmissible in court thus prejudicing the case against the defendant.

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