Police and Criminal Evidence Act 1984

and accompanying codes of practice

The Police and Criminal Evidence Act 1984 and the PACE codes of practice provide the core framework of police powers and safeguards around stop and search, arrest, detention, investigation, identification and interviewing detainees

Current PACE codes

Code A

Code A of PACE 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.

Code B

Code B of PACE deals with police powers to search premises and to seize and retain property found on premises and persons.

Code C

Code C of PACE sets out the requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody by police officers.

Code D

Code D of PACE 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.

Code E

Code E of PACE deals with the audio recording of interviews with suspects in the police station.

Code F

Code F of PACE deals with the visual recording with sound of interviews with suspects. There is no statutory requirement on 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 sound of an interview with a suspect.

Code G

Code G of PACE 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.

Code H

Code H of PACE sets out the requirements for the detention, treatment and questioning of suspects related to terrorism in police custody by police officers.

Code A (Stop and search)

The code A changes:

abolish the national recording requirement for stop and account. However, forces have discretion to record stop and account where there are local concerns
reflect amendments to the recording requirements for stop and search in section 1 of PACE, so that officers are only required to record:
(a) self-defined ethnicity; (b) object of search; (c) grounds for search; (d) identity of the officer carrying out the stop and search; (e) date; (f) time; (g) place
include additional guidance on section 60 of the Criminal Justice and Public Order Act 1994 to provide safeguards against unlawful discrimination

Please note that, with effect from 0001 on 18 March 2011, sections 44-47 of the Terrorism Act 2000 ceased to have effect and that paragraphs 2.18A-2.26 of code A also cease to have effect. For further details of this, including the new powers to stop suspected terrorists and the attendant code of practice, which supersedes code A for these purposes, please see the Terrorism Act 2000 (Remedial) Order 2011.

Code B (Searching premises)

The code B changes:

apply code B to the powers introduced by the Prevention of Terrorism Act 2005 to search premises of persons subject to control orders
point out that:
(a) the power to search premises without a warrant under section 18 of PACE applies only to premises that are occupied or controlled by a person under arrest for an indictable offence - suspicion is not sufficient
(b) an occupier who consents to their premises being searched must be informed that they may withdraw their consent at any time
(c) lodging houses and hostel accommodation should not be searched solely on the basis of a landlord's consent
update references to powers concerning international cooperation and to the powers to search premises under the Terrorism Act 2000, which also allow persons on the premises to be searched

Code D (Identification)

new powers to take fingerprints and samples from someone convicted outside of England and Wales of certain offences - 'qualifying offences'
new requirements for a person to attend a police station to have their fingerprints and samples taken
changes to the information to be given before fingerprints and samples are taken and recorded after taking
reflect the introduction of the power to take fingerprints using mobile fingerprinting technology inserted into PACE by section 117 of the Serious Organised Crime and Police Act 2005
provides new guidance to distinguish eye-witness identification procedures such as video identification from procedures for obtaining recognition evidence by viewing CCTV and similar images
provides greater protection for witnesses attending a video identification by removing a suspect's entitlement to be informed of the date and time of the viewing and to have a representative other than a solicitor attend the viewing. This does not remove the requirement to record a viewing if no representative of the suspect attends, but aims to prevent associates of the suspect intimidating a witness before a viewing

P A C E

and accompanying codes