United Kingdom Parliament |
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| 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| Text of statute as originally enacted | |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.[1] Part VI [2] 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.[3]
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 [4] and to military investigations.[5] 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.[6]
Despite its safeguards, PACE was extremely controversial on its introduction, and reviews have also been controversial[7], as the Act was thought to give considerable extra powers to the police.
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The 1981 Brixton riots, and the subsequent Scarman report were key factors in the passage of the Act.
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.
On 1 January 2006 an additional code came into force:
On 24 July 2006 a further code came into force:
Since the passage of PACE, the courts have recognised the greater safeguards of civil liberties granted by the act.
In Osman v Southwark Crown Court (1999) ,[10] the search of Osman was held to be unlawful because the officers searching him did not give their names and station, contrary to PACE's requirements.[11]
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.[12][13]
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.[14]
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