The Police and Criminal Evidence Act 1984 (c. 60) (PACE) is an act of the Parliament of the United Kingdom 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. Part VI 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. 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 utilised 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.
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".
Background The Maxwell Confait murder and the subsequent Fisher Inquiry (chaired by Henry Fisher) were the key events leading to the setting up of the Royal Commission on Criminal Procedure. That Royal Commission led to the introduction of the PACE legislation.
Prior to PACE police interrogation and detention was governed by Judges' Rules and in the Fisher Inquiry it was reported that these were breached Fisher, H. A. P. (12 December 1977). Report of an inquiry into the death of Maxwell Confait https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/228759/0090.pdf . PACE introduced clear direction and governance on how police could treat and interrogate detained persons. Codes of Practice were issued detailing how detained persons were to be treated.
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.
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.
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.
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.
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.
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 Code G, which provides that an arrest without a warrant can only be lawful if the necessity test contained within Code G is satisfied.
PACE was significantly modified by the Serious Organised Crime and Police Act 2005. This replaced nearly all existing powers of arrest, including the category of arrestable offences, with a new general power of arrest for all offences.
PACE is applicable not only to police officers but to anyone with conduct of a criminal investigation including Her Majesty's Revenue and CustomsPolice and Criminal Evidence Act 1984, section 114 and to military investigations conducted by service police.Police and Criminal Evidence Act 1984, section 113 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.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 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 Crim LR 588) and council officers. However such a duty is not owed by DTI inspectors appointed under sections 432 and 442 of the Companies Act 1985 (Seelig and Spens 1 WLR 148), nor by prison officers (Martin Taylor EWCA Crim 2922).
Despite its safeguards, PACE was extremely controversial on its introduction, and reviews have also been controversial,Press Gazette: PACE review is 'wake-up' call as the act was thought to give considerable extra powers to the police.
With the conjunction of the Inland Revenue and HM Customs and Excise into Her Majesty's Revenue and Customs (HMRC), HMRC essentially gained extra powers since Customs and Excise had a statutory right of entry into a private dwelling, that is to say they were allowed to break and enter without reason, but the Inland Revenue did not. PACE and its subsequent enactments limits that.
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:
Offensive weapons (an item made, intended or adapted for use as a weapon) Fireworks (possessed in contravention of a prohibition imposed by fireworks regulations, e.g. Fireworks Act 2003) Prohibited items (used in the commission of the offences of): Burglary Theft Taking a vehicle without consent (s. 12 Theft Act 1968) Fraud (s. 1 Fraud Act 2006) Criminal damage (s. 1 Criminal Damage Act 1971) Wilful obstruction (s. 137 Highways Act 1980) Intentionally or recklessly causing public nuisance (s. 78 Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022)) Causing serious disruption by tunnelling (s. 3 PCSCA 2022) Causing serious disruption by being present in a tunnel (s. 4 PCSCA 2022) Obstruction etc. of major transport works (s. 6 PCSCA 2022) Interference with use or operation of key national infrastructure (s. 7 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 does not include items subject to legal privilege, excluded material or special procedure (e.g. letters between a person and a solicitor) That it is not practicable for police to gain entry by communicating with a person who can provide them access or that they could, but doing so would not be practicable (e.g. a person may destroy evidence if they were aware of the police's search) That police will not 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 (under s. 76 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' (s. 260 Sentencing Act 2020) 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 (ss. 6–8 Criminal Law Act 1977) Fear or provocation of violence (s. 4 Public Order Act 1986) Driving etc. when under the influence of drink or drugs (s. 4 Road Traffic Act 1988) Failing to stop a motor vehicle when required to do so by a constable in uniform (s. 163 Road Traffic Act 1988) Offences involving drink or drugs (s. 27 Transport and Works Act 1992) Failure to comply with interim possession order (s. 76 Criminal Justice and Public Order Act 1994) Offences relating to the prevention of harm to animals (ss. 4, 5, 6(1) and (2), 7 and 8(1) and (2) Animal Welfare Act 2006) Squatting in a residential building (s. 144 Legal Aid, Sentencing and Punishment of Offenders Act 2012) The landing or attempted landing, importation or attempted importation through the Channel Tunnel, of any animal that has been prohibited to prevent the introduction of rabies into Great Britain (s. 61(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 (s. 61(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 (s. 61(2)(c) Animal Health Act 1981) Failing to attend a police station at a specified time to answer bail (s. 30D(1) or (2A) Police and Criminal Evidence Act 1984) Failing to answer bail (s. 46A(1) or (1A) Police and Criminal Evidence Act 1984) Failure to surrender to custody in accordance with a court order (s. 5B(7) Bail Act 1976) On bail and not likely to surrender to custody (s. 7(3) Bail Act 1976) A child suspected of breaking conditions of remand (s. 97(1) Legal Aid, Sentencing and Punishment of Offenders Act 2012)
This section additionally abolished all powers of a constable under common law to enter a location, except to deal with or to prevent a breach of the peace.
Section 18 – Entry and search after arrest