The Police and Criminal Evidence Act (PACE) is a piece of legislation in the United Kingdom that governs the powers and procedures of police officers in England and Wales when carrying out investigations, making arrests, and gathering evidence in criminal cases. Enacted in 1984, PACE establishes safeguards to protect the rights of individuals detained by the police, including provisions for the treatment of suspects in custody, the conduct of interviews, the admissibility of evidence, and the exercise of police powers such as stop and search. PACE also regulates the use of police powers to obtain and handle evidence, including the conduct of searches, seizures, and the collection of DNA samples. Additionally, PACE provides a framework for the recording and retention of evidence, the conduct of identification procedures, and the conduct of investigations by police officers. The overarching aim of PACE is to strike a balance between empowering law enforcement to effectively combat crime while safeguarding the rights and liberties of individuals subjected to police powers.
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
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 the 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 authorised to investigate a criminal offence or charge an offender is required to adhere closely to 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, 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 for 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 the 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.
PACE is a significant piece of legislation in the United Kingdom that governs police powers and procedures for the investigation and prosecution of criminal offences.
The main objectives of PACE include regulating police powers of stop and search, detention, and arrest, as well as establishing procedures for the gathering and presentation of evidence in criminal investigations.
PACE provides the police with various powers, including the authority to stop and search individuals and vehicles, conduct arrests, detain suspects for questioning, and enter and search premises under specific circumstances.
PACE includes provisions to safeguard the rights of individuals, such as the right to legal representation, the right to be informed of the grounds for arrest, and the right to have access to a solicitor while in police custody.
PACE is supplemented by several Codes of Practice that provide guidance on how police powers should be exercised in practice. These codes cover various aspects of police procedures, including stop and search, detention, interviews, and the treatment of detainees.
PACE sets out rules and procedures for the collection, preservation, and presentation of evidence in criminal cases, ensuring that evidence is obtained lawfully and that the rights of suspects and witnesses are protected.
PACE is designed to promote fairness and integrity in criminal proceedings by establishing clear rules and procedures for the conduct of police investigations, interviews, and the treatment of suspects and witnesses.
Yes, evidence obtained in violation of PACE or its associated Codes of Practice may be subject to exclusion under the exclusionary rule, which prohibits the admission of evidence obtained unlawfully or in breach of a suspect’s rights.
Non-compliance with PACE may result in evidence being excluded from court proceedings, the suppression of statements made by suspects, or civil claims for damages arising from wrongful arrest or detention.
PACE has been subject to amendments and revisions over the years to address emerging issues and adapt to changes in policing practices and legal standards. These amendments aim to enhance accountability, safeguard human rights, and improve the effectiveness of police investigations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 9th April, 2024.
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