An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.
The Police and Criminal Evidence Act 1984 (c. 60) (PACE) is an act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided 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 is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public.[1] Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989(SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.
PACE also sets out responsibilities and powers that can be utilized by non-sworn members of the Police i.e. PCSOs, by members of the public or other government agencies e.g. FSA officers, the armed forces, HMRC officers, et al.[3][4]
PACE has been modified by the Policing and Crime Act 2017,[5][6][7] "which mean[s] that there is now a presumption that suspects who are released without charge from police detention will not be released on bail," a formality which was written in PACE 1984 Section 30A.[8]
PACE established the role of the appropriate adult (AA) in England and Wales. It describes the AA role as "to safeguard the rights, entitlements and welfare of juveniles and vulnerable persons to whom the provisions of this and any other Code of Practice apply”.[9]
Prior to the introduction of PACE, police relied on stop and search powers that were 'piecemeal'. Such powers included those within the Vagrancy Act 1824, which developed 'sus' laws. These powers allowed police to stop a person found 'loitering' in a public place, if they suspected they had an intention to commit an offence, rather than a belief that they had committed an offence.[11]
The Scarman report found that black people were having 'stop and search' powers disproportionately used against them. A notable example of this was at the 1976 Notting Hill Carnival, where there was a perceived threat of 'black' crime, resulting in the police justifying using 'sus' laws inappropriately, including 'flooding' resources into the area. This resulted in violence.[11]
Furthermore, high-profile miscarriages of justice, including three innocent youths being imprisoned for allegedly murdering a mixed-raced male prostitute named Maxwell Confait, as well the Birmingham Six showed there was a requirement for police accountability.[10]
In 1979, the government appointed a Royal Commission on Criminal Procedure, with Sir Cyril Phillips noting that in the 20th century, no review had been complete of police processes.[10]
In 1981, the Royal Commission reported how stop and search powers had been used in an 'unsatisfactory' manner. The report proposed that across England and Wales, there should be powers and safeguards that were uniform, with the aim being to reduce the level of searches that were random and discriminatory.[10]
The purpose of PACE was to unify police powers under one code of practice and to balance carefully the rights of the individual against the powers of the police.[12]
Synopsis
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 also introduces various Codes of Practice, one of the most notable being an arrest without warrant can only be lawful if the necessity test contained within Code G of PACE is met.[13]
PACE is applicable not only to police officers but to anyone with conduct of a criminal investigation including Her Majesty's Revenue and Customs[15] and to military investigations conducted by service police.[16] 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.[17]
Despite its safeguards, PACE was extremely controversial on its introduction,[citation needed] and reviews have also been controversial,[18] as the Act was thought to give considerable extra powers to the police.
Various other government agencies including TV Licensing, the Royal Mail, BT Group (from its days of being spun off from General Post Office Telephones) and about seventeen others also have a statutory right of entry. One intent of PACE and its successors is to prevent the abuse of this right, or remove it entirely, to balance the privacy of the individual against the needs of the State.[citation needed]
Notable sections
Part I - Powers to Stop and Search
Part I provides police powers to stop and search a person or vehicle.
Section 1 - Power of constable to stop and search persons, vehicles etc
Notably, Section 1 outlines that a constable has a power to search any person or vehicle for stolen or prohibited articles, including:
Causing serious disruption by tunnelling (s3 of PCSCA 2022)
Causing serious disruption by being present in a tunnel (s4 PCSCA 2022)
Obstruction etc. of major transport works (s6 PCSCA 2022)
Interference with use or operation of key national infrastructure (s7 PCSCA 2022)
Part II - Powers of Entry, Search and Seizure
Part II of the Act relates to the police's powers in relation to entering and searching a location, as well as the seizure of items
Search warrants
Section 8 - Power of justice of the peace to authorise entry and search of premises
This section provides that a constable can make an application for a warrant to a justice of the peace to enter and seize items from a premises, on the reasonable grounds they believe:
An indictable offence has been committed
There is material on the premises with substantial value to the investigation of that offence and that evidence is also relevant
The evidence doesn't include items subject to legal privilege, excluded material or special procedure (e.g. letters between a person and a solicitor)
That it isn't practicable for police to gain entry by communicating with a person who can provide them access or that they could, but doing so wouldn't be practicable (e.g. a person may destroy evidence if they were aware of the police's search)
That police won't gain entry unless a warrant is issued or the purpose of the search would be interrupted unless they can enter the premises immediately
Entry and search without search warrant
Section 17 - Entry for purpose of arrest etc
This provides that a constable can enter a premises under the following circumstances, if they are:
Executing a warrant in relation to criminal proceedings or enforcing the payment of sums (contrary to s76 of the Magistrates' Courts Act 1980)
Arresting a person for an indictable offence
Arresting a person 'unlawfully at large', who is liable to be detained in prison, young offender institution, secure training centre or college or arresting a child or young person guilty of 'grave crimes' (s260 Sentencing Code)
Arresting (e.g. recapturing) a person unlawfully at large (e.g. escaped from lawful custody)
Saving life or limb
Preventing serious damage to property
Arresting any child or young person who has been remanded (whether to local authority accommodation or youth detention)
Arresting a person for:
Prohibition of uniforms in connection with political objects (Public Order Act 1936)
Offences relating to entering and remaining on property (s6 to s8 of the Criminal Law Act 1977)
The landing or attempted landing of any animal (or importation or attempted importation through the tunnel system defined in the Channel Tunnel Act 1987 of any animal) that has been prohibited to prevent the introduction of rabies into Great Britain (s61(2)(a) Animal Health Act 1981)
Failing to have control or be in charge of any vessel or boat to prevent the introduction of rabies into Great Britain (s61(2)(b) Animal Health Act 1981)
Moving any animal into, within or out of a place or area to be declared to be infected with rabies (s61(2)(c) Animal Health Act 1981)
Failing to attend a police station at a specified time to answer bail (s30D(1) or (2A) Police and Criminal Evidence Act 1984)
Failing to answer bail (s46A(1) or (1A) Police and Criminal Evidence Act 1984)
Failure to surrender to custody in accordance with a court order (s5B(7) Bail Act 1976)
Person not likely to surrender to custody (s7(3) Bail Act 1976)
Child suspected of breaking conditions of remand (s97(1) Legal Aid, Sentencing and Punishment of Offenders Act 2012)
PACE did not effect a constable's power under Common Law, to enter a location to deal with or to prevent a breach of the peace.
Section 18 - Entry and search after arrest
This section provides that a constable may enter the premises of a person who has been arrested for an indictable offence, if they reasonably suspect that there is evidence that relates to the offence they have been arrested for or another indictable offence, connected with or similar to that offence.
A constable cannot use this power unless authorised by an officer at the rank of Inspector or above. This authorisation may be at the time or afterwards, where a constable must inform an authorising officer 'as soon as practicable'.
Seizure etc.
Section 19 - General power of seizure etc
This section provides that police have a general power of seizure, if they are lawfully on a premises. They may seize anything they reasonably believe has been obtained as a result of an offence having been committed (e.g. stolen property or drugs) and that it is necessary to seize it to prevent its concealment, loss, damage, alteration or destruction (e.g. drugs being hidden and therefore evidence being lost). This does not include items of legal privilege, even if an officer believes that seizure would guarantee its safety.
Section 22 - Retention
This section provides that police may retain an item seized under section 19 as long as they require, so long as it is necessary in 'all the circumstances', such as for evidence at court, for further investigation, e.g. forensic examination or to ascertain the lawful owner of the item (if there are reasonable grounds to believe the item was obtained as the result of an offence).
This section does not allow for any items seized for a person that is not evidential to be retained when they are no longer in custody.
Part III - Arrest
Section 24 - Arrest without warrant: constables
This section provides that a constable may arrest a person, without requiring a warrant if:
A person is about to commit an offence
A person in the act of committing an offence
The constable reasonably suspects a person is about to commit an offence
The constable reasonably suspects a person is committing an offence
A person guilty of an offence, if an offence has been committed
A person the constable reasonably suspects is guilty of having committed an offence
The section provides that a constable must have reasonable grounds to believe that it is necessary to arrest a person in order to:
Ascertain their name
Ascertain their address
Prevent them from:
Causing physical injury to themselves or another person
Suffering physical injury
Causing loss of or damage to property
Committing an offence against public decency (if members of the public going about 'normal business' cannot 'reasonably be expected to avoid the person')
Causing an unlawful obstruction of the highway
Protect a child or other vulnerable person from the person
Allow the prompt and effective investigation of the offence or of the conduct of the person
Prevent prosecution being hindered by the person disappearing
Section 24A - Arrest without warrant: other persons
This section provides that a person who is not a constable (such as a member of the public), can arrest a person, in certain circumstances. This relates to citizen's arrests (however, the term later became inapplicable, following the Serious Organised Crime & Police Act 2005, which 'abolished the statutory concept of the "arrestable offence"').[19]
It allows a member of the public to arrest a person in the act of committing an indictable offence or that they reasonably suspect is committing an indictable offence, as well as a person guilty of an offence or who the member of the public reasonably suspects to be guilty of committing the offence.
Section 28 - Information to be given on arrest
This section provides that when a person is arrested, as soon as it is 'reasonably practicable', they should be provided with information regarding their arrest. This includes:
That they are under arrest
The ground of the arrest (for example, telling a person that CCTV had caught them stealing an item from a shop, giving the 'ground' of the arrest for theft).
Section 29 - Voluntary attendance at police station etc
This section provides information about what should happen when a person attends a voluntary interview. Voluntary interviews are conducted similar to a person who has been arrested, albeit, they are arranged at a date, time and place after an offence has occurred, where arrest is either not possible (due to necessity criteria not being made out), or on the officer's decision.
Despite being called a 'voluntary' interview, a person could be subject to arrest if they fail to attend the interview, as the purpose of such an interview is to assist police with their investigation.
The section explains that a person must be told that they are able to leave the interview at any time (unless they are arrested) and that if a police officer decides to arrest them, the person must be informed that they are under arrest.
Section 31 - Arrest for further offence
This section provides that whilst a person has been arrested and is at a police station regarding that offence and another offence is discovered that he would be arrested for, a constable shall arrest him for that other offence.
For example, it may be that a person is initially arrested on suspicion of theft from a shop, where CCTV later emerges whilst they're in custody of them stealing from another shop before their arrest. Subsequently, they would be arrested for that previous shoplifting.
Section 32 - Search upon arrest
This section provides that a constable, having established reasonable grounds, may search an arrested person, in any place other than a police station (this is covered by s54 PACE 1984).
The search can only be conducted if the constable reasonably believes that the arrested person may present a danger to themselves or others, allowing a constable to search them for items that may assist them from escaping from 'lawful custody' or that may be evidence relating to an offence.
If a person has been arrested for an indictable offence, then the officer may enter and search any premises they were in immediately before they were arrested, to search for evidence in relation to the offence they have been arrested for.
Part IV - Detention
Part V - Questioning and Treatment of Persons by Police
Section 54
This section provides that a custody officer at a police station is responsible for ascertaining all the items an arrested person has on them, with these items being recorded.
The custody officer may seize and retain any of the items. Clothes and other personal items may only be seized if the custody officer believes the person they are seized from may use the clothing or items to:
cause physical injury to himself or anyone else
damage property
interfere with evidence; or
assist them in escaping
The custody officer may also seize an item if they have reasonable grounds to believe that the item may be evidence that relates to an offence.
An arrested person must be told the reason for items being seized, unless they are violent or likely to become violent or are incapable of understanding information explained to them.
Section 55
Section 56
Section 58
Section 64A
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 7 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.[20] 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.[21]
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. It replaced the Judges' Rules in England and Wales.
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.
Case law
In the case of Osman v. Southwark Crown Court (1999),[22] 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.[23]
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.[24][25]
In the case of Christopher James Miller v. Director of Public Prosecutions (2018)[26] Mr. Miller's conviction for drug driving was revoked because West Midlands Police had breached Code C of PACE by not providing an appropriate adult, despite him telling officers that he had Asperger's syndrome and being aware from his previous interactions that he had Asperger's.
IPCC Investigation 2012/011560 - A breach of Code C of PACE occurred in 2012 when a vulnerable 11-year-old girl Child H with a neurological disability similar to autism who was denied an appropriate adult at Crawley Police Station, after she was arrested in Horsham on 4 separate occasions for minor offences between February and March 2012. Sussex Police referred the complaint to IPCC and accepted the IPCC recommendations.[27]
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.[28]
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.
In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. One definition of the standard derives from the U.S. Supreme Court decision in the case of Beck v. Ohio (1964), that probable cause exists when “at [the moment of arrest] the facts and circumstances within [the] knowledge [of the police], and of which they had reasonably trustworthy information, [are] sufficient to warrant a prudent [person] in believing that [a suspect] had committed or was committing an offense.”
An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.
A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England and Wales, Scotland, and Northern Ireland. Most law enforcement duties are carried out by those who hold the office of police constable of a territorial police force.
A police community support officer, or as written in legislation Community Support Officer, is a uniformed member of police staff in England and Wales, a role created by Section 38(2) of the Police Reform Act 2002, which was given Royal Assent by Queen Elizabeth II on 24 July 2002. They are not warranted, but hold a variety of police powers and the power of a constable in various instances by the forty-three territorial police forces in England and Wales and the British Transport Police.
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
Arrestable offence is a legal term now obsolete in English law and the legal system of Northern Ireland, but still used in the legal system of the Republic of Ireland. The Criminal Law Act 1967 introduced the category to replace the ancient term felony. That Act had been superseded by the Police and Criminal Evidence Act 1984, which over the next two decades was itself significantly amended to increase police powers of arrest, relating in particular to entry, search following arrest and to custody. In England and Wales, the category "arrestable offence" ceased to exist with the advent on 1 January 2006 of the Serious Organised Crime and Police Act. In Northern Ireland, it ceased to exist with the advent of the Police and Criminal Evidence (Amendment) Order 2007. In the Republic of Ireland, the Criminal Law Act 1997 abolished the terms felony and misdemeanour and created the term "arrestable offence" in their place.
The Epping Forest Keepers are an ancient and historic body of people who are employed by the City of London, who in return are responsible, on behalf of the Conservators, for the management and care of Epping Forest, which covers approximately ten square miles of forest, bridleway, woodland and recreational space stretching from Forest Gate in east London, north to North Weald in Essex. The forest is managed by the City of London Corporation and is one of many open spaces that comes under their control that is outside the Square Mile that are maintained by the Corporation of London at no expense to the taxpayer.
Wandsworth Parks and Events Police is a Wandsworth Borough Council service responsible for the routine patrolling of the parks, commons, and open spaces within the London Borough of Wandsworth, which has more green spaces than any other inner London borough. It also enforces byelaws, dog control orders, and other park regulations, and provides policing for special events. Its lineage may be traced to a 1984 foundation, although the present body dates from 2012, and was rebranded in 2015 with its current name and responsibilities.
The Port of Tilbury Police is a non-Home Office ports police force responsible for the Port of Tilbury, and Tilbury 2 owned by the Port of Tilbury London Ltd, a subsidiary of Forth Ports plc. The force consists of a Chief of Police, Police Inspector, three Police Sergeants and ten Police Constables.
A water bailiff is a law-enforcement officer responsible for the policing of bodies of water, such as rivers, lakes or the coast. The position has existed in many jurisdictions throughout history.
An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws.
In the United Kingdom a fire safety inspector is a public law enforcement officer responsible for the enforcement fire safety legislation in the United Kingdom.
The powers of the police in Scotland, as with much of Scots law, are based on mixed elements of statute law and common law.
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
An arrest without warrant or a warrantless arrest is an arrest of an individual without the use of an arrest warrant.
Immigration Enforcement (IE) is a law enforcement command within the Home Office, responsible for enforcing immigration law across the United Kingdom. The force was part of the now defunct UK Border Agency from its establishment in 2008 until Home Secretary Theresa May demerged it in March 2012 after severe criticism of the senior management. Immigration Enforcement was formed on 1 March 2012, becoming accountable directly to ministers.
In Australian criminal law, reasonable and probable grounds most prominently regulates police officers as a precondition of the exercise of certain powers in their function as enforcers of the law. Based on Australian common law, it is a prerequisite of most police powers. In Canada, it is defined as the point where probability replaces suspicion based on a reasonable belief; reasonableness is a legitimate expectation in the existence of specific facts, and the belief in individual circumstances can be "reasonable without being probable." Less-clearly defined in Australia, it depends on the circumstances of a case and often involves an assessment of the circumstances of a potential crime.
Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).
↑ 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 [1988] 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 [1993] Crim LR 588) and council officers[citation needed]. However such a duty is not owed by DTI inspectors appointed under sections 432 and 442 of the Companies Act 1985 (Seelig and Spens [1992] 1 WLR 148), nor by prison officers (Martin Taylor [2000] EWCA Crim 2922).
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