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What is PACE
PACE is
the short form for the Police And Criminal
Evidence Act 1984. This act governs the major part of police powers
of investigation including, arrest, detention, interrogation, entry
and search of premises, personal search and the taking of samples.
Also part of this legislation are the PACE Codes of Practice which
police officers should take into consideration and refer to when
carrying out various procedures associated with their work. The act
attempts to strike a fair balance between the practice of their
powers by those in authority and, the rights of members of the
public.
PACE Codes of
Practice
The PACE Codes of
Practice are set out under 8 different sections labelled A to H each
dealing with a different aspect of the police’s duties as follows:
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Code A: Deals
with a police officer’s legal powers to search a person and or
any vehicle prior to making any arrest. They must also make a
note of the encounter.
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Code B: Deals
with the Police’s powers to enter and search premises and seize
any possessions found on a person or premises. The powers under
this code are conferred in order to find any persons who are
wanted by police for questioning, arrest or, in relation to any
crime; to find any property and material relating to the
commission of a crime or; to find any children who should be in
local authority custody where they have been remanded or placed
following a court order.
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Code C: Lays
out the requirements for detaining suspects and how they should
be treated and questioned whilst in custody.
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Code D:
Relates to the processes used by police for the identification
of persons in relation to the commission of a criminal offence
and the police’s obligation to maintain accurate and dependable
information regarding criminal records
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Code E:
Governs all audio recording of interviews carried out at the
police station. Any interview concerning the following scenarios
must be audio taped; All interviews with a suspect who is
cautioned in relation to a criminal offence or; any extra
questions that may be put to a suspect after they have been
charged with a criminal offence or; when an interviewer wants to
tell a person, after they have been charged with a criminal
offence, about any other written statement or interview with
another person.
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Code F:
Relates to the practices associated with the visual recording
with sound of an interview. An interview may be recorded
visually in all the circumstances outlined under Code E or, in
the presence of a deaf, or deaf/blind or speech impaired person
who uses sign language to communicate; or in the presence of a
minor or anyone else who requires an appropriate adult or; in
any case where a visually recorded interview is requested by the
suspect or their representative.
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Code G: Deals
with police powers to arrest any individual suspected of
committing or connected with the commission of a criminal
offence. Police powers of arrest are set out in s.24 of PACE and
they should only be exercised when absolutely necessary or, they
risk interfering with a suspect’s right to liberty as embodied
in the Human Rights Act 1998.
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Code H: Lays
out the requirements for the detention of suspects arrested
under the Terrorism Act 2000 and how they should be treated and
questioned whilst in custody. This code stops applying the
moment that a suspect is either charged with an offence,
released without charge or transferred to a prison.
What happens when
the police fail to adhere to PACE and its Codes
Although it is
important to note that failure by a police officer to adhere to the
codes of practice does not render them liable to criminal or civil
proceedings, their failure to adhere to what the codes state can
still be introduced as evidence in civil and criminal proceedings
(PACE 1984 s.67). Additionally, any evidence obtained by the police
in relation to the investigation of any criminal offence where they
have failed to adhere to PACE, can be deemed inadmissible in court
thus prejudicing the case against the defendant. |
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