- Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
United Kingdom Parliament
Statute book chapter 1984 c 60 Dates Commencement in force Other legislation Related legislation Serious Organised Crime and Police Act 2005, Police (Detention and Bail) Act 2011 Status: Current legislation Text of statute as originally enacted Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI  of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE has always been to establish a balance between the powers of the police in England and Wales and the rights of members of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341). No equivalent act exists in Scots Law. Although PACE is a fairly wide ranging piece of legislation, it mainly deals with police powers to search an individual or premises, including their powers to gain entry to those premises, the handling of exhibits seized from those searches, and the treatment of suspects once they are in custody, including being interviewed. Specific legislation as to more wide ranging conduct of a criminal investigation is contained within the Criminal Procedures and Investigation Act 1996.
Criminal liability may arise if the specific terms of the Act itself are not conformed to, whereas failure to conform to the codes of practice while searching, arresting, detaining or interviewing a suspect may lead to evidence obtained during the process becoming inadmissible in court.
PACE was significantly modified by the Serious Organised Crime and Police Act 2005. This replaced nearly all existing powers of arrest, including the category of arrestable offences, with a new general power of arrest for all offences.
PACE is applicable not only to police officers but to anyone with conduct of a criminal investigation including, but not limited to, Revenue and Customs  and to military investigations. Any person with a duty of investigating criminal offences or charging offenders is also required to follow the provisions of the PACE codes of practice as far as practical and relevant.
Despite its safeguards, PACE was extremely controversial on its introduction, and reviews have also been controversial, as the Act was thought to give considerable extra powers to the police.
PACE Codes of Practice
The Home Office and the Cabinet Office announced a joint review of PACE and its codes of practice in May 2002, and on 31 July 2004, new PACE Codes of Practice came into effect. Following a further review in 2010, PACE Codes A, B and D were re-issued to take effect on 7th March 2011.
- PACE Code A: deals with the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest. It also deals with the need for a police officer to make a record of such a stop or encounter. On 1 January 2009, Code A was amended to remove lengthy stop and account recording procedures, requiring police to only record a subject's ethnicity and to issue them with a receipt.
- PACE Code B: deals with police powers to search premises and to seize and retain property found on premises and persons.
- PACE Code C: sets out the requirements for the detention, treatment and questioning of people in police custody by police officers.
- PACE Code D: concerns the main methods used by the police to identify people in connection with the investigation of offences and the keeping of accurate and reliable criminal records.
- PACE Code E: deals with the tape recording of interviews with suspects in the police station.
- PACE Code F: deals with the visual recording with sound of interviews with suspects.
On 1 January 2006 an additional code came into force:
- PACE Code G: deals with statutory powers of arrest.
On 24 July 2006 a further code came into force:
- PACE Code H: deals with the detention of terrorism suspects.
Since the passage of PACE, the courts have recognised the greater safeguards of civil liberties granted by the act.
In O'Loughlin v Chief Constable of Essex (1997), the courts held that the entry of a premises under section 17 PACE to arrest O'Loughlin's wife for criminal damage was unlawful because under PACE, anyone present on the premises must be given the reason for entry.
However, not all cases have gone against the police; in R v Longman (1988), it was held that the police entry of a premises to execute a search warrant for drugs was lawful, although deception had been utilised to gain entry, and upon entering, the police had not identified themselves or shown the warrant.
- ^ Police and Criminal Evidence Act (PACE) Codes of Practice
- ^ Part VI of the Police and Criminal Evidence Act 1984
- ^ Spencer, J.R. (2007). "Arrest for Questioning". Cambridge Law Journal 66 (2): 282–284. doi:10.1017/S0008197307000505.
- ^ Police and Criminal Evidence Act 1984, section 114
- ^ Police and Criminal Evidence Act 1984, section 113
- ^ Police and Criminal Evidence Act 1984, section 67(9). These include officers of the Serious Fraud Office (R v Director of the Serious Fraud Office, ex p. Saunders  Crim LR 837), trading standards officers (Dudley MBC v Debenhams (1994) 159 JP 18), commercial investigators when interviewing an employee (Twaites and Brown (1990) 92 Cr App R 106), store detectives (Bayliss (1993) 98 Cr App R 235), Federation Against Copyright Theft investigators (Joy v Federation Against Copyright Theft  Crim LR 588) and council officers. However such a duty is not owed by DTI inspectors appointed under sections 432 and 442 of the Companies Act 1985 (Seelig and Spens  1 WLR 148), nor by prison officers (Martin Taylor  EWCA Crim 2922).
- ^ Press Gazette: PACE review is 'wake-up' call
- ^ Stop and Search under Police and Criminal Evidence Act 1984
- ^ Home Office Circular 032 / 2008 - Stop And Account: Amendment To Pace Code A, Home Office, 19 December 2008.
- ^ Osman v Southwark Crown Court
- ^ Martin, Jacqueline (2005). The English Legal System (4th ed.), p. 129. London: Hodder Arnold. ISBN 0-340-89991-3.
- ^ O'Loughlin v Chief Constable of Essex  EWCA Civ 2891
- ^ Martin, p133.
- ^ Martin, p. 132.
- Home Office: PACE Codes
- O'Loughlin v Chief Constable Of Essex  EWCA Civ 2891 (3 December 1997)
United Kingdom legislation Pre-Parliamentary legislation Acts of Parliament by states preceding
the Kingdom of Great Britain
Acts of the Parliament of England to 1483 · 1485–1601 · 1603–1641 · Interregnum (1642–1660) · 1660–1699 · 1700–1706
Acts of the Parliament of Scotland
Acts of the Parliament of Ireland to 1700 · 1701–1800
Acts of Parliament of the
Kingdom of Great Britain
1707–1719 · 1720–1739 · 1740–1759 · 1760–1779 · 1780–1800
Acts of Parliament of the United Kingdom of
Great Britain and Ireland and the United
Kingdom of Great Britain and Northern Ireland
Church of England Measures Legislation of devolved institutions Secondary legislation
Wikimedia Foundation. 2010.
Look at other dictionaries:
Police and Criminal Evidence Act — (PACE) an Act of Parliament from 1984 setting out for England and Wales the powers of the police to arrest, search and question people. In addition to the principles set out in the Act, it also contains a number of codes intended to give guidance … Law dictionary
Police and Criminal Evidence Act — (abbr PACE) a British law passed in 1984 which sets down rules for the behaviour of the police in fighting crime. The rules are about their powers to stop and search people and to search buildings, about arresting, questioning and keeping people… … Universalium
(the) Police and Criminal Evidence Act — the Police and Criminal Evidence Act [the Police and Criminal Evidence Act] (abbr PACE) a British law passed in 1984 which sets down rules for the behaviour of the police in fighting crime. The rules are about their powers to ↑stop and search… … Useful english dictionary
Criminal Law Act 1967 — Parliament of the United Kingdom Long title An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or … Wikipedia
Police and Justice Act 2006 — The Police and Justice Act 2006 received Royal Assent in the United Kingdom on Wednesday 8th November 2006. As at August 2007 many of the provisions are not yet in force.Provisions of the Act include:Part 1: Mainly about police forces* police… … Wikipedia
Criminal Justice Act — (with its many variations) is a stock short title used for legislation in the United Kingdom, the Republic of Ireland and Canada relating to the criminal law (including both substantive and procedural aspects of that law). It tends to be used for … Wikipedia
Courts and Legal Services Act 1990 — Courts and Legal Services Act, 1990 Parliament of the United Kingdom Long title An Act to make provision with respect to the procedure in, and allocation of business between, the High Court and other courts; to make provision with respect to… … Wikipedia
Youth Criminal Justice Act — Canada s Youth Criminal Justice Act (YCJA) is a Canadian statute which came into effect on April 1, 2003. The YCJA replaced the Young Offenders Act, adopted by Parliament in 1982, in force since 1984, and amended in 1986, 1992, and 1995. The… … Wikipedia
Police — For other uses, see Police (disambiguation). Department of Police redirects here. For other uses, see Department of Police (disambiguation) … Wikipedia
Police stop, search, detention and arrest powers in the United Kingdom — United Kingdom law provides for the police to stop and search members of the public without making an arrest. Scotland has a separate legal identity to England and Wales and stop and search powers are therefore provided for by different… … Wikipedia