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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
See: Arrest Stop and search Confession Exclusion of evidence Rights of persons arrested or detained
An Act of Parliament (colloquially known as 'PACE') that (i) provides for a legislative framework in relation to police powers in England and Wales, and (ii) requires the Home Secretary to issue certain 'Codes of Practice' governing the exercise of those powers. The Act's intention is 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 legislative aim of PACE is to strike a balance between the powers of the police and the rights of individuals. Although PACE is a fairly wide-ranging piece of legislation, it mainly deals with the powers of the police to search an individual or premises (including gaining entry to those premises), the handling of exhibits seized from those searches, and the treatment of suspects once they are in custody (including questioning). Regulation of criminal investigation more generally is provided by the Criminal Procedures and Investigation Act 1996.
Criminal liability may arise for failure of the police to conform to the requirements of PACE. Where a breach has occurred of any resulting Code of Practice during a police search, arrest, detention or interview, any evidence obtained thereby may be ruled inadmissible by the court.
PACE applies not just to the various policing authorities of England and Wales, but to all official UK bodies with the power to perform criminal investigations, including, for example, HM Revenue & Customs and HM Armed Forces. In fact, any person duly authorized to investigate a criminal offence or charge an offender is required to adhere closely the provisions of PACE and its resulting Codes of Practice.
Despite its aim of striking a balance between the powers of the police and the rights of individuals, PACE was generally controversial upon its introduction, as it was perceived to allow for an excess of 'unchecked' police powers.
PACE was significantly modified by the Serious Organised Crime and Police Act 2005. This Act replaced nearly all existing powers of arrest, including the category of 'arrestable offence', with a new general power of arrest for all offences.
The latest version of the PACE Codes of Practice came into force on 1 February 2008. They are as follows:
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 a stop or encounter. (In January 2009, Code A was amended to remove lengthy 'stop and account' recording procedures, the effect of which is to now require police to merely record a subject's ethnicity and to issue him a receipt.)
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.
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 a police station.
PACE Code F: Deals with the visual recording (with sound) of interviews with suspects. There is no statutory requirement on police officers to visually record interviews. However, the contents of this code should be considered if an interviewing officer decides to make a visual recording with sound of an interview with a suspect.
PACE Code G: Deals with powers of arrest under section 24 the Police and Criminal Evidence Act 1984 as amended by section 110 of the Serious Organised Crime and Police Act 2005.
PACE Code H: Sets out the requirements for detention, treatment and questioning of suspects related to terrorism in police custody by police officers.
See: arrest, arrestable offence, stop and search, confession, exclusion of evidence, arrest and detention: know your rights.


