FORE20003 Ethics and Law of Forensics: Week 10 - Introduction to PACE

Week 10: Introduction to PACE

Homework for SCALE-UP Seminar

To prepare, students are required to watch an episode of 'Police Interceptors' (Nottinghamshire Police) via Box of Broadcasts.

• Programme ID: $188F16B0$

• Focus for notes: Evaluate whether each stop & search conducted appeared to follow the GOWISELY principles.

• Analysis: Identify the legal grounds for suspicion and the need to search, along with its outcomes. This should be tabulated, including Section, Act, Searched? (Yes/No), Outcome of Search, Evidence Type, and CJS Outcome.

Accessing Box of Broadcasts (BoB)

• Service: On-demand TV and radio for education, allowing recording of recently aired programmes from over $75$ free-to-air channels and searching an archive of over $2$ million TV and radio broadcasts.

• Availability: Only available in the UK, and education institutions must hold an ERA licence.

• Access Steps: Specify your home institution (e.g., Nottingham Trent University) to be redirected for sign-in using institutional credentials.

• Off-campus access & user guide: https://llr.ntu.ac.uk/dbaz/dbDetail.php?dbID=28

• Contact: Tel.: $020 ext{-}3743 ext{-}2389$, E-mail: ask@learningonscreen.ac.uk, Twitter: @LearnonScreen.

Police and Criminal Evidence Act (PACE) 1984

• Nature: An Act of Parliament, constituting primary legislation.

• Timeline: Passed in $1984$ and came into force on $1 ext{ Jan } 1986$.

• Purpose: Aims to balance and unify human rights with police powers.

• Origin: Enacted in response to significant judicial and public criticism of police conduct following cases such as the Maxwell Confait case, which led to The Royal Commission on Criminal Procedure (Cmnd $8092$, $1981$), among others.

Resources for PACE

• Westlaw UK database: Provides access to the latest changes, case law, and stated cases related to PACE.

• PACE Codes of Practice: Offer detailed guidance on how the PACE Act should be followed.

• Blackstone’s Practical Guide – $5^{ ext{th}}$ Edition ($2019$): A recommended reference, copies are available in the library.

Consequences of Breach

• Breach of PACE (the Act): Can lead to legal liability (criminal or civil) for individuals, disciplinary proceedings, and the inadmissibility of evidence in court.

• Breach of PACE CODES: Primarily results in disciplinary proceedings against the officer (as noted in PACE Code A $2023$ paragraph $5.5$ & $5.6$) and can also render evidence inadmissible in court.

PACE: Act & Its Codes - Structure

Human Rights

• European Convention on Human Rights (ECHR): Adopted in $1950$ (Articles).

• Human Rights Act (HRA): Enacted in $1998$ (Sections).

• Activity: Identify three human rights protected under ECHR & HRA.

  • Examples include, but are not limited to, the right to life, prohibition of torture, right to liberty and security, right to a fair trial, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, and the prohibition of discrimination.

College of Policing’s 2024 Code of Ethics

• Update: Updated in $2024$ from its previous $2014$ version.

• Applicability: Applies to England and Wales.

• Legal Basis: A Statutory Code of Practice for Ethical Policing, established under s.$39A$ of the Police Act $1996$, as amended by s.$124$ of the Anti-Social Behaviour, Crime and Policing Act $2014$.

• Aim: Seeks to prevent unprofessional conduct within the police force.

• Principles: Now based on three ethical policing principles (previously nine, based on Nolan principles for public life):

  • Courage

  • Respect & empathy

  • Public service

• Legal Status: Legally binding for chief officers.

Stop & Search Powers & Limitations

Remember GOWISELY

This acronym outlines the essential information a police officer must provide during a stop and search:

• Grounds: The specific reasons or suspicion for the search.

• Object: The specific item the officer is searching for.

• Warrant card: Must be shown by the officer, particularly if they are in plain clothes.

• Identity: Clear proof that the individual conducting the search is indeed a police officer.

• Station: The police station to which the officer is attached.

• Entitlement: Any citizen being searched is entitled to copies of all paperwork related to the search.

• Legislation: The legal power or section of an act that grants the officer the right to stop and search.

• You are being detained: Clearly informing the citizen of the detention for the purpose and nature of the search.

APP & Code A (Paragraph $1.1$)

Stop and search is most likely to be fair and effective when:

• The search is justified, lawful, and can withstand public scrutiny.

• The officer genuinely holds an objectively reasonable suspicion that they will find a prohibited article or an item intended for use in a crime.

• The person being searched understands the reasons for the search and feels that they have been treated with respect.

• The search was a necessary and proportionate method available to the police officer to establish whether the person possesses such an item.

PACE CODE A (Paragraph $2.2 – 2.11$) - Objective Basis for Suspicion

• Foundation: Suspicion must be based on objective facts, information, and/or intelligence.

• Prohibited Basis: Suspicion cannot be based solely on personal factors such as age, race, or previous convictions.

• Questioning (Paragraph $2.9$): Questioning can either confirm reasonable grounds for suspicion or dispel them through a satisfactory explanation.

• Outcome of Questioning: It may reveal reasonable grounds to suspect the possession of a different kind of unlawful article than originally suspected.

• Retrospective Justification: Reasonable grounds for suspicion cannot be established retrospectively or solely by a person's refusal to answer questions.

Important Case Law (Further Reading)

• Rice v. Connolly [1966] 2 QB 414

  • Key Issue: Obstructing police in their line of duty by refusing to give name and address.

  • Quote (LORD PARKER, C.J): "It seems to me quite clear that though every citizen has a moral duty or, if you like, a social duty to assist the police, there is no legal duty to that effect, and indeed the whole basis of the common law is that right of the individual to refuse to answer questions put to him by persons in authority, and a refusal to accompany those in authority to any particular place, short, of course, of arrest."

• R. v. Bristol (Christopher) [2007] EWCA CRIM 3214; (2008) 172 J.P. 161

  • Key Issue: Obstructing police.

  • Summary: A drug search was conducted after an officer observed Bristol with something in his mouth and believed it to be a wrap of drugs. The search was found to be in breach of PACE Act $1984$ s.$2$ because the officer failed to state his name and the station he was from.

• Osman v. Southwark Crown Court [1999] 7 WLUK 8 and O (a juvenile) v. DPP [1999] 163 J.P. 725 QBD

  • Key Issue: Unlawful search as officers had not given reasons or legal grounds for the search.

  • Summary: O (a juvenile) was convicted of assaulting police officers during a search. The authority to search was under the Criminal Justice and Public Order Act $1994$ s.$60(4)$ and s.$60(5)$, which empowered searching all members of the public at a fair. Officers suspected O might carry a weapon. The Crown Court accepted a breach of PACE Act $1984$ s.$2(3)(a)$ but held it wasn't serious enough to render the search unlawful.

• Bonner v. DPP [2004] EWHC 2415 (Admin)

  • Key Issue: Unlawful search - officers did not identify themselves as police officers or state the grounds.

  • Summary: Failure to comply with PACE Act $1984$ s.$2(2)$ and s.$2(3)$ prior to an intended search rendered the search unlawful. Consequently, the officer was not acting in the execution of his duty during the search, despite his status as a police officer being obvious and him having genuine concerns for safety.

Glossary of Terms

Students are encouraged to compile a glossary for revision. Key terminology to include:

• Act

• Code

• Statute

• Reasonable grounds

• Offensive weapon: Defined in s.$1(9)$ PACE Act $1984$ as "any article— (a) made or adapted for use for causing injury to persons; or (b) intended by the person having it with him for such use by him or by some other person."

• Prohibited article

• Detain

• Charge

• Intelligence

• Appellant

Module Learning Outcomes (MLOs) Addressed

This week's content contributed to the following MLOs:

• MLO1: Demonstrate an informed awareness of key aspects of the criminal justice system – ethical issues in relation to associated case law.

• MLO2: Clearly explain the laws on pre-trial procedures, police powers, criminal law and evidence – principles of guidelines associated with the Police and Criminal Evidence Act $1984$.

• MLO3: Discuss, apply and evaluate the law to case study scenarios based on real cases – review procedures followed in each case in relation to the final court ruling.

• MLO4: Comment on the legal requirements associated with the presentation of forensic evidence – including continuity of evidence and disclosure together with the possible consequences if correct procedures are not followed.

• MLO5: Demonstrate good oral and presentational skills and a working knowledge of the standards of evidence required for prosecution.

• MLO6: Critically evaluate new knowledge and ideas to develop understanding of best practice.

• MLO7: Understand the roles and responsibilities of forensic science practitioners and witnesses in the legal system.

• MLO8: Research legal sources using a range of electronic databases and retrieve relevant information.

• MLO9: Express yourself clearly, succinctly and accurately.

• MLO10: Use of legal terminology to good effect in an impartial comprehensive way.