PACE (police criminal and evidence act 1984)

What does PACE show and what does the code of practice show?

What happens if you break PACE?

PACE- POWERS balanced with human rights i.e can stop and search someone

CODE OF PRACTICE- RULES what you can and can’t do i.e. how you are allowed to stop and search someone

You must abide by the rules of the code of practice when using your powers otherwise you are breaching PACE if not then can be arrested and evidence is inadmissible.

What was used before PACE?

Previously had SUS (suspect under suspicion) laws. PACE was created after the Brixton riots.

What is PACE code A?

Searching a person or vehicle

What is PACE code B?

Searching a premises and seizure of property

What is PACE code C?

Treatment of people when detained/ arrested (in custody)

What are custody powers?

-          Searching someone (anytime in custody)

-          Authorise detention

-          Remanding on bail (can give them bail)

-          Remanding in custody (keep people in custody)

-          Biometrics (fingerprints, DNA and photographs- can forcefully do this)

-          Evidential samples

What is PACE Code D?

Identification of suspects

What is PACE code E?

Conduct of audio recorded interviews with suspects

What is PACE code F?

Conduct of visual recorded interviews with suspects

What is PACE code G?

Arresting someone under section 24 PACE- i.e. the necessity of arrest. Section 24 gives an officer the right to make an arrest without a warrant if they have reasonable grounds to suspect the offence has been committed or the individual is guilty of an offence.

What is PACE code H?

Detention, treatment and questioning of persons under arrest for terrorism

What is PACE code I?

Detention, treatment and questioning of persons under arrest under the national security act 2023 ( a threat to national security)

What is a premises?

Premises- includes any place and, in particular, includes— any vehicle, vessel, aircraft or hovercraft; any offshore installation; any tent or movable structure; “offshore installation” has the meaning given to it by section 1 of the Mineral Workings (Offshore Installations) Act 1971.

What are your rights and entitlements when you are bought before the custody officer in custody?

What are the 3 main ones?

3 MAIN ONES – can delay some i.e. letting someone know

-          Legal rep (fila- free independent legal advice)

-          Right to let someone know that I have been locked up (can be delayed for reasons such as evidence being destroyed)

-          Consult the codes of practice (pamphlet in the custody suite)

-          Access to info-  i.e the offence they are accused of

-          Interpretation

-          Medical attention

-          Rest and meals

-          Privacy