Police & Criminal Evidence Act 1984

The Police and Criminal Evidence Act 1984 (PACE) is a key piece of legislation in English law that governs the powers and duties of the police in relation to criminal investigations. It was introduced to balance the powers of the police with the rights and freedoms of the public, following concerns about police misconduct and the need for fair procedures.

Purpose and Scope of PACE

• To regulate police powers such as stop and search, arrest, detention, and interrogation.
• To protect suspects’ rights and ensure evidence is obtained lawfully.
• To provide codes of practice for police conduct.

Main Provisions of PACE

• Stop and Search (Section 1):
• Police officers may stop and search individuals or vehicles if they have reasonable grounds to suspect possession of stolen goods or prohibited articles.
• Officers must state their name, station, and the reason for the search.
• Individuals have the right to a record of the search.
• Arrest (Section 24):
• Police can arrest a person without a warrant if they are suspected of being involved in a criminal offence.
• The officer must inform the person of the grounds for arrest and that they are under arrest.
• ‘Necessity test’ – arrest must be necessary for reasons such as preventing harm or protecting evidence.
• Detention and Custody (Sections 30-40):
• Suspects can be held for up to 24 hours before charge, extendable to 36 or 96 hours for serious offences.
• Detention must be regularly reviewed by custody officers.
• Suspects have rights to inform someone of their arrest and to consult a solicitor.
• Interviews and Confessions (Sections 76-78):
• Interviews must be tape-recorded and conducted according to Code C.
• Confessions obtained by oppression or in breach of PACE may be excluded from evidence.
• Suspects have the right to silence, but adverse inferences may be drawn in court.
• Search of Premises (Sections 8, 17, 18, 32):
• Police may search premises with a warrant or under certain conditions without one (e.g., following arrest).
• Searches must be recorded and conducted respectfully.

CODES OF PRACTICE

PACE introduced a series of Codes of Practice (A–G) which provide practical guidance for police officers:

• Code A: Stop and search
• Code B: Search of premises and seizure of property
• Code C: Detention, treatment, and questioning
• Code D: Identification procedures
• Code E: Audio recording of interviews
• Code F: Visual recording of interviews
• Code G: Powers of arrest

Key Cases

• R v Samuel (1988): The right to legal advice cannot be delayed unless there are exceptional circumstances.
• R v Canale (1990): Failure to properly record interviews can lead to evidence being excluded.
• R v Mason (1988): Police must disclose all evidence to suspects to allow for a fair defence.

Evaluation of PACE

• PACE has improved accountability and transparency in police procedures.
• It protects suspects from abuse and ensures fair treatment.
• However, some argue that police powers remain extensive and that certain communities are disproportionately targeted.
• Regular amendments and updates ensure PACE remains relevant, but there are ongoing debates about its effectiveness.

Summary

The Police and Criminal Evidence Act 1984 is fundamental to criminal procedure in England and Wales, balancing the powers of law enforcement with the rights of individuals. Understanding its key provisions, codes of practice, and case law is essential for A-Level Law students preparing for their exams.