PACE Review: Government Proposals in response to the Review of the Police and Criminal Evidence Act 1984 (PACE)

Introduction

The review has invited comments and proposals from stakeholders, practitioners and the public regarding the currency and appropriateness of the Act and its accompanying Codes of Practice. Former Home Office Minister of State for security, counter-terrorism, crime and policing, Tony McNulty, acknowledged that “…there is a significant measure of respect and confidence for maintaining the structure of PACE. The feedback suggests satisfaction with the overall structure of the Act”.

The Government proposals arising from the review seek to incorporate best practice and enable a degree of pro-activity to reduce the need for such future wide-ranging reviews.

Key proposals

The key proposals are set out in chapters 4-18 of the report and a synopsis of each chapter is provided below.

Chapter 4: PACE – The Act

The public consultation undertaken by the Home Office found a high degree of support for the existing structure of PACE and recognition of the robustness of the framework approach. There was, however, agreement that certain areas of police powers and policing powers would be better accommodated within the framework, for example, police bail. This report indicates a number of police powers that can be consolidated or rationalised.

Chapter 5: PACE codes

The Codes of Practice were roundly criticised because of their legalistic nature making accessibility difficult. The proposals are that the Codes should be made available electronically and in printed format and will be subjected to an annual review by the regional custody network and the ACPO-led National Custody Forum.

Chapter 6: Stop, Stop and Search

The review identifies two major concerns in the exercise of stop and search powers; disproportionality and bureaucracy. The issue of disproportionality relates to the operational use and not the power itself. However, in relation to bureaucracy there is concern expressed by both the person stopped and the police undertaking the stop. The form takes too long to complete.

The proposals are to reduce the paperwork involved by use of mobile data technology which saves police time and does not inconvenience the person stopped who rarely requested a written record of the stop. The use of mobile data technology is also likely to improve the quality of identification.

Chapter 7: Arrest

With the introduction of the new power of arrest by the Serious Organised Crime and Police Act 2005, a number of summary offences contained in 17 enactments previously listed as arrestable offences under PACE, no longer attract the application of the trigger powers, most notably the power of entry to arrest. The proposal is to have the power of entry for these offences reintroduced.

The review proposes to allow the power of entry for the purpose of arrest in any situation where a person is unlawfully at large without the need for a constable to be in ‘immediate pursuit’.

There is recognition of the difficulties encountered where the power of arrest is exercised only by an officer in uniform. To ensure a consistent approach and remove operational barriers for the police it is proposed that the requirement for officers to be in uniform when entering premises for the purpose of an arrest be removed.

The application of the necessity criteria is to be made clearer with a more direct connection between the effect of the suspect’s behaviour on others and the need to arrest to prevent that effect. It is also proposed that the taking of fingerprints and DNA to carry out a speculative search and collect biometric data is not sufficient grounds on its own to make an arrest.

Chapter 8: Entry, searc