PACE-Police and Criminal Evidence Act 1984

The Police and Criminal Evidence Act 1984 (PACE) was introduced as a response to a number of high-
profile miscarriages of justice. The Act replaced a complex array of common law and legislative
provisions. Section 66 of PACE provides for a number of Codes of Practice, that provide additional detail
on the legislative framework. Let’s take a look at them.
Code A of PACE relates to ‘stop and search’. An aspect of this is ‘Stop and Account’ whereby a police
officer stops a member of the public and asks them to account for: themselves or their actions. Such
encounters are required to be recorded by the police. There are of course, a number of other situations
in which a police officer may stop and speak with members of the public. Code A of PACE outlines a
number of situations that give rise to such an encounter. These include engaging a member of the public
in general conversation, giving or asking for directions, or seeking general information. Such encounters
do not need to be recorded by the police. The general rule is that individuals stopped and asked
questions by the police are not under a legal obligation to answer questions. The authority for this is the
case of Rice v Connolly (1966). There are, however, some add-ons to this general rule. While there is no
requirement in law to answer questions when stopped by the police, refusing to do so in a rude and/or
aggressive manner may constitute obstruction of the police, which is an arrestable offence: as seen in
Rickets v Cox (1982). Members of the public are not under a legal obligation to attend at a police
station, unless they are under arrest. An individual who does attend a police station voluntarily is
entitled to leave at any time, unless subsequently placed under arrest. It is settled law that the police do
not have the power to detain individuals short of arresting them for the purposes of assisting them with
their enquiries. If a police officer takes hold of a person in order to prevent them from leaving, or in
order to compel them to answer questions, this could constitute an unlawful detention or common
assault. Stop and search, like arrest, is a police power that most people are aware of. It is also a police
power that has attracted much controversy. Code A governs the exercise of police powers, without first
making an arrest. Section 1 of PACE provides that a police officer may search a person or vehicle in a
public place for stolen or prohibited items. This power can be exercised only where the police have
‘reasonable grounds for suspecting that they will find stolen or prohibited items’. The police are entitled
to seize any ‘prohibited items’ found during the search. The power to stop and search must be exercised
fairly and with respect for the person being searched. The Equality Act 2010 makes it unlawful for police
officers to discriminate against or harass any person on the grounds of the ‘protected characteristics’.
The police can also carry out strip searches but only at a nearby police station or other location, which is
out of public view. An officer of the same sex as the suspect must carry out a strip search. Section 55 of
PACE allows the police to conduct an intimate search of a suspect. This type of search must be
authorised by a superintendent, who must have grounds for believing that a weapon or drug is
concealed in a body orifice. The search itself must be conducted by a health care professional. Following
arrest, police officers need to search suspects for evidence or anything that may be used to cause harm.
Section 32 of PACE allows a police officer to search a person under arrest at a place other than a police
station and Section 54 of PACE allows the police to search an arrested person on arrival at the police
station.
Code B of PACE relates to the search of premises. It is important to note that the premises in question
must be occupied or controlled by the suspect and that searches should be made at a reasonable hour.
Section 18 of PACE allows the police to search the premises of a person under arrest for an indictable
offence. Section 18(3) limits the power to search to the extent that is reasonably required for the
purpose of discovering such evidence. Code B allows the police to use reasonable and proportionate
force to gain entry to premises if the occupier has refused entry, or if it is not possible to communicate
with the occupier. Before starting the search a police officer should identify themselves to any person
present at the premises. They should also explain the grounds for the search. The police can seize and
retain evidence obtained in the search. Under Section 8 of PACE the police can apply to a magistrate for
a search warrant. A warrant may be granted where there are reasonable grounds for believing:
(a) That an indictable offence has been committed; and
(b) That there is material on the premises which is likely to be of substantial value to the
investigation of the offence; and

[@tonyackrill3718]

can police enter a property after being told someone they want to question lives at an address he or she does not live at
ie police came to my home and stated that they wanted to speak to a mr smith that was wantewd for an assult and we have been told he lives at this address, then said were entering under section 17 of pace and then forced there way past me asulted me and found none here apart from myself, i asked for a search warrent and they stated they do not need one
i have there details but now want to take them to court for there actions

[@frankieallison-98]

This is very interesting is there a manuscript for this video?

[@SWBIL]

You can find the script in the video description.

[@McElhinney65]

Rice v Connolly should be pronounced "Rice and Connolly", you should not say "versus". Likewise R v Ghosh is not "Regina versus Ghosh" it's "the Crown against Ghosh." Interesting video though.

[@jasoncorrrigan1920]

Good criticism

[@MrMuhammadabbasi]

Thank you

[@benitograffagnino5778]

Great video, she’s gorgeous too