Police Powers (PACE)
Powers of stop and search, arrest, detention, and investigation under PACE 1984 and its Codes of Practice.
Introduction
The Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice provide the core framework for police powers in England & Wales. PACE balances the need for effective law enforcement against the rights of suspects and the public. It governs stop and search (Code A), arrest (Code G), detention (Code C), identification (Code D), and the interviewing of suspects (Code E/F). Breach of PACE or its Codes can render evidence inadmissible under s.78.
Core Principles
Stop and Search — Under s.1 PACE, a constable may stop and search persons or vehicles if they have reasonable grounds to suspect they will find stolen or prohibited articles.
Arrest — Under s.24 PACE (as amended), a constable may arrest without warrant anyone who has committed, is committing, or is about to commit an offence, if the arrest is necessary.
Detention — Suspects can be detained for up to 24 hours (extendable to 36 by superintendent, 96 by magistrates). Must be reviewed by custody officer.
Right to Legal Advice — Detained persons have the right to free and independent legal advice (s.58 PACE).
Interviews — Must be conducted in accordance with Code C; caution must be given; appropriate adult required for vulnerable suspects.
Identification — Code D governs identification procedures including ID parades, video identification, and fingerprinting.
Exclusion of Evidence — Under s.76 (confessions) and s.78 (general discretion), courts can exclude evidence obtained unfairly or through oppression.
Codes of Practice — Eight Codes (A-H) supplement PACE; breach does not automatically exclude evidence but is considered by the court.
Key Statutes
Police and Criminal Evidence Act 1984
Criminal Justice and Public Order Act 1994
Leading Cases
Rice v Connolly
[1966] 2 QB 414
R v Samuel
[1988] QB 615
R v Aspinall
[1999] 2 Cr App R 115
Common Scenarios
Stopped and searched without reason
An unlawful stop and search if the officer lacked reasonable grounds. Any evidence found may be excluded under s.78 PACE. Complain to the IOPC or bring civil proceedings for trespass to the person.
Denied access to a solicitor in custody
Breach of s.58 PACE. Access can only be delayed in very limited circumstances (serious arrestable offences). Evidence obtained during the delay may be excluded.