Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) is a major Act of Parliament governing police powers and criminal investigation safeguards in England and Wales. It deals with stop and search, arrest, detention, interviews, searches of premises, seizure of property, evidence, and the treatment of people in police custody.
PACE is important because it does two things at once. It gives police officers defined powers for investigating crime, while also setting limits and safeguards so that those powers are not left to informal practice alone.
Purpose
Before PACE, many everyday police powers were spread across older statutes, common law rules and local practice. The Act created a clearer statutory framework after concern about police conduct, unreliable confessions and miscarriages of justice.
The Act is supported by codes of practice issued by the Home Office. GOV.UK describes PACE and the codes as establishing police powers to combat crime while protecting the rights of the public.
Scope
PACE is mainly concerned with England and Wales. Scotland and Northern Ireland have their own criminal procedure systems, although some UK-wide agencies and cross-border powers may involve separate rules.
PACE does not contain every police power. Public order, terrorism, roads policing, firearms, immigration, modern slavery and other areas are also governed by separate legislation. PACE is still one of the central statutes for ordinary criminal investigation.
Stop and Search
Part I of PACE includes powers for constables to stop and search people and vehicles in public or accessible places where the statutory grounds are met. Section 1 is commonly associated with searches for stolen goods, offensive weapons and certain prohibited articles.
PACE Code A gives practical rules for stop and search. It deals with matters such as reasonable grounds, the information an officer should give, treatment of the person being searched and recording requirements.
An officer cannot rely on a vague hunch. The grounds must be based on objective factors such as information, behaviour, circumstances or a lawful power that applies to the situation.
Arrest
Section 24 covers arrest without warrant by constables. A constable may arrest a person for an offence where the legal conditions are met, but the arrest also has to satisfy the necessity test. That test can include the need to find out a name or address, prevent injury or damage, protect a child or vulnerable person, allow a prompt and effective investigation, or stop a prosecution being hindered by disappearance.
The necessity test matters because not every suspected offence requires arrest. In some cases, voluntary attendance, summons, postal requisition or another process may be enough.
Arrest by a Person Other Than a Constable
Section 24A covers arrest by a person who is not a constable, often called a citizen's arrest. The power is limited to indictable offences. In England and Wales, that includes either-way offences such as theft, because they are capable of being tried on indictment.
The arrest must also be necessary for the reasons set out in section 24A, such as preventing physical injury, preventing loss or damage to property, or preventing the person making off before a constable can take responsibility. It must also appear not reasonably practicable for a constable to make the arrest instead.
For example, a shop employee who sees a theft in progress may be dealing with an either-way offence. Section 24A may be relevant if the suspect is trying to leave before police can attend and the statutory necessity grounds are met. The power is not a general licence for punishment, retaliation or rough treatment.
Detention and Custody
PACE regulates what happens after arrest. Custody officers must decide whether detention is authorised and must keep custody records. Detainees have important rights, including the right to legal advice and the right to have someone informed of their arrest, subject to limited statutory exceptions.
PACE Code C covers detention, treatment and questioning of suspects not related to terrorism. It is central to custody practice and includes safeguards for children, vulnerable people and people who need medical help or interpretation.
Ordinary detention without charge is subject to time limits. Longer detention requires higher levels of authorisation and, for the longest periods in ordinary serious cases, court involvement.
Interviews and Cautions
PACE and the codes regulate suspect interviews. A suspect interviewed under caution is told the standard caution before questioning. Interviews are normally recorded, and the way questions are asked can affect whether evidence is later admitted.
The caution is not just a formality. It warns the suspect about the right to silence and the possible consequences of failing to mention something later relied on in court.
Searches, Entry and Seizure
PACE includes powers relating to searches of premises, entry, seizure and retention of property. These powers often depend on the reason for entry, whether there is a warrant, whether a person has been arrested for an indictable offence, and whether the item may be evidence or unlawfully obtained property.
Search and seizure powers are limited by rules about legal privilege, records, warrants and the purpose for which property is kept. A lawful entry does not make every search or seizure lawful.
Codes of Practice
The PACE codes give detailed operating rules. Important codes include:
- Code A, covering stop and search.
- Code B, covering searches of premises and seizure.
- Code C, covering detention, treatment and questioning.
- Code D, covering identification procedures.
- Code E, covering audio recording of interviews.
- Code F, covering visual recording of interviews.
- Code G, covering statutory powers of arrest.
- Code H, covering detention, treatment and questioning under terrorism powers.
The codes are updated over time. Courts can consider breaches when deciding whether evidence should be admitted or whether police conduct was lawful.
Practical Examples
Stop and Search
An officer receives a specific report of a person carrying a stolen tool bag nearby. A person matching the description is seen close to the location shortly afterwards. Those facts may provide grounds for a stop and search if the officer can explain the link between the report and the person searched.
Arrest After Shop Theft
A person is seen concealing goods and leaving a shop without paying. Theft is an either-way offence. A constable considering arrest must still think about necessity. A non-police person considering section 24A must also consider whether police can make the arrest instead and whether detention is necessary to prevent injury, damage or escape.
Voluntary Interview
A suspect may attend a police station voluntarily for interview. If a decision is made that they can no longer leave, they must be arrested and informed of that arrest.
Custody Solicitor
A detained person asks for a solicitor. PACE Code C makes access to legal advice a core safeguard, with only limited delay powers in defined circumstances.
Criticism and Debate
PACE is often discussed in debates about police accountability, stop and search disproportionality, custody safeguards, digital searches, disclosure and the exclusion of evidence. Supporters point to the clarity and safeguards it introduced. Critics argue that some powers remain too broad or are applied unevenly.
The Act has been amended many times, so reliable discussion should refer to the current version of the statute and the current codes.
See Also
References
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