Police and Criminal Evidence Act 1984

Introduction

The Police and Criminal Evidence Act 1984 (PACE) is a landmark statute that codified the powers of the police in England and Wales and established a framework of safeguards to protect the rights of individuals in police custody. Before PACE, police powers were scattered across statute and common law, creating confusion and inconsistency. PACE created a comprehensive statutory code governing police powers of stop and search, arrest, detention, and questioning. The Act is supplemented by a series of Codes of Practice (Codes A–G) that provide detailed guidance on the exercise of police powers. PACE strikes a balance between the operational needs of the police and the rights of individuals, and it represents a significant constitutional statement about the limits of state power in relation to individual liberty.

The Structure of PACE

PACE is divided into several parts, each dealing with different aspects of police powers. Part I deals with stop and search powers. Part II deals with the entry, search, and seizure of property. Part III deals with arrest (repealed and replaced by the Serious Organised Crime and Police Act 2005, which introduced a single power of arrest). Part IV deals with detention before charge. Part V deals with questioning and treatment of persons by police. Part VI deals with codes of practice. Part VII deals with the Criminal Procedure and Investigations Act 1996 and related matters. Part VIII deals with evidence in criminal proceedings. The Act is supplemented by the Codes of Practice, which have legal force and are admissible in evidence. Breach of a Code does not automatically render evidence inadmissible, but the court may exclude evidence obtained in breach of a Code under section 78 of PACE, which gives the court discretion to exclude evidence where its admission would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted.

Codes of Practice A–G

The PACE Codes of Practice provide detailed guidance on the exercise of police powers. Code A deals with stop and search, requiring that searches be based on reasonable suspicion and prohibiting discriminatory searches. Code B deals with entry, search, and seizure of premises, governing the execution of search warrants and the handling of seized property. Code C is the most important code, dealing with the detention, treatment, and questioning of persons. Code C provides for the custody officer (an independent officer responsible for the detainee’s welfare), the right to have someone informed of detention, the right to legal advice, the right to medical treatment, and the provision of food, drink, and rest periods. Code D deals with identification procedures, including identity parades, video identification, and fingerprinting. Code E deals with the audio recording of interviews. Code F deals with video recording with sound of interviews. Code G deals with the statutory power of arrest under the Serious Organised Crime and Police Act 2005, requiring that arrest be necessary as well as reasonable. These Codes are revised periodically to reflect changes in law, technology, and best practice.

Stop and Search

Code A and Part I of PACE regulate the power of police to stop and search individuals. Section 1 gives a constable power to search a person or vehicle for stolen or prohibited articles in a public place, provided the constable has reasonable suspicion that the person is carrying such articles. Section 60 (under the Criminal Justice and Public Order Act 1994) gives a power to stop and search without reasonable suspicion in areas where serious violence is anticipated. The use of stop and search powers has been controversial, with evidence of disproportionate use against ethnic minority individuals. The Best Use of Stop and Search Scheme (2014) introduced measures to improve the use of these powers, including the recording of outcomes and the requirement for authorisation of section 60 searches by senior officers. The Equality Act 2010 requires the police to have due regard to the need to eliminate discrimination in the exercise of stop and search powers. The courts have held that stop and search must be conducted with respect for dignity and that failure to comply with Code A may render the search unlawful.

Detention and Questioning

PACE imposes strict limits on the detention of suspects before charge. The custody officer must authorise detention, and the detainee must be brought before a magistrate within 96 hours (in terrorism cases) or sooner for ordinary cases. The maximum period of detention without charge for a non-terrorism offence is 24 hours, extendable to 36 hours by a senior officer and to 96 hours by a magistrate’s warrant. The right to silence was modified by the Criminal Justice and Public Order Act 1994, which allows the court to draw adverse inferences from a suspect’s failure to mention facts when questioned or to give evidence at trial. However, suspects must be cautioned before questioning and must be informed of their right to legal advice. The appropriate adult must be present for juvenile or vulnerable suspects. Interview must be audio-recorded and conducted in a manner that ensures the reliability of any admissions or confessions.

Right to Legal Counsel

Section 58 of PACE gives a person in police detention the right to have a solicitor informed of their detention and to have access to legal advice free of charge. The right is fundamental and can only be delayed in limited circumstances (for serious crimes where there is a risk of interference with evidence or the apprehension of other suspects). The mandatory character of the right to legal advice has been reinforced by the Codes of Practice, which require the custody officer to inform the detainee of the right and to facilitate access to a legal adviser. The right to legal advice has been the subject of significant litigation under the Human Rights Act 1998 and Article 6 ECHR (right to a fair trial). In Cadder v HM Advocate (2010) , the UK Supreme Court held that the Scottish system—which did not guarantee access to a solicitor before police questioning—violated Article 6. This led to the extension of PACE-style protections to Scotland through the Criminal Justice (Scotland) Act 2016.

PACE and the Balance with Liberty

PACE represents a careful constitutional balance between the powers of the state to investigate crime and the rights of individuals to liberty and a fair process. The Act gives the police extensive powers of stop and search, entry, search and seizure, arrest, and detention, but conditions those powers on safeguards including reasonable suspicion, judicial authorisation for extended detention, the custody officer’s supervision, and the right to legal advice. The Codes of Practice provide detailed operational guidance that ensures police powers are exercised consistently and fairly. The courts play a supervisory role, excluding evidence obtained in breach of PACE or the Codes where it would be unfair to admit it. The balance has been adjusted over time: the Criminal Justice Act 2003 extended detention periods, while the Protection of Freedoms Act 2012 limited the retention of DNA and fingerprints. The constitutional significance of PACE lies in its comprehensive codification of police powers, which replaced a system of unwritten common law powers with a transparent, accessible, and enforceable statutory framework.

Conclusion

The Police and Criminal Evidence Act 1984 is a constitutional statute of the first importance. It codified police powers, established the rights of persons in police detention, and created a framework of safeguards that has shaped the investigation of crime in England and Wales for four decades. The PACE Codes of Practice provide detailed operational guidance, ensuring that police powers are exercised consistently and with respect for individual rights. The balance between effective policing and the protection of individual liberty is subject to ongoing adjustment, reflected in periodic amendments to the Act and the Codes. PACE has been influential beyond the UK, serving as a model for police reform in other common law jurisdictions. The Act remains the foundational text of police–citizen relations in England and Wales, embodying the constitutional commitment to the rule of law and the protection of individual liberty.