Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) established the statutory framework for police powers in England and Wales, replacing a patchwork of common law and statutory powers. PACE was enacted following the Royal Commission on Criminal Procedure (1981), chaired by Sir Cyril Philips, which recommended comprehensive reform to balance police powers with suspect protections. The Act codified police powers of stop and search, entry, search and seizure, and arrest. It established detailed Codes of Practice governing the exercise of police powers, including the treatment and questioning of suspects in police detention. PACE also established the Police Complaints Authority (now the Independent Office for Police Conduct) and reformed the law of criminal evidence.
Legal area: Criminal law defines conduct prohibited by the state and prescribes punishments for those who engage in such conduct, serving to maintain public order and protect individuals and property.
Citation: Police and Criminal Evidence Act 1984 (1984 c 60)
Full text: https://www.legislation.gov.uk/ukpga/1984/60
Key Provisions
- Part I: Police powers to stop and search persons and vehicles
- Part II: Powers of entry, search and seizure (warrants and without warrant)
- Part III: Powers of arrest (replaced by Serious Organised Crime and Police Act 2005)
- Part IV: Detention of suspects (time limits, reviews, and conditions)
- Part V: Questioning and treatment of persons by police (Codes C, D, E, F, H)
- Section 78: Discretion to exclude unfair evidence
- Section 76: Confessions - exclusion for oppression or unreliability
Significance
PACE is a landmark statute that professionalised policing in England and Wales. Its Codes of Practice provide detailed procedural safeguards for suspects and are enforceable in criminal proceedings. Breach of PACE or its Codes can lead to exclusion of evidence under section 78. PACE has been amended extensively, particularly by the Serious Organised Crime and Police Act 2005 (which replaced PACE arrest powers with a single power of arrest) and the Protection of Freedoms Act 2012 (which reformed stop and search powers). The Act has been praised for striking an effective balance between police operational needs and civil liberties.