PACE A Practical Guide to the Police and Criminal Evidence Act 1984

by Ozin, Paul; Norton, Heather; Spivey, Perry

• ISBN13: 9780199289233
• ISBN10: 0199289239
• Format: Paperback
• Copyright: 2006-12-21
• Publisher: Blackstone Press

Summary

This book provides practical guidance on what remains the single most important statutory basis for police duties and powers in England and Wales, the Police and Criminal Evidence Act 1984 and its Codes of Practice.

Author Biography

Heather Norton is a Barrister at 23 Essex Street. She specializes in criminal law and associated, regulatory and disciplinary proceedings.
Paul Ozin is a barrister at 23 Essex Street, the Chambers of Charles Miskin QC, specialising in criminal law and associated civil, regulatory and disciplinary proceedings. Perry Spivey is Detective Inspector within the Metropolitan Police, Directorate of Professional Standards. He has over 30 years experience as a police officer and has extensive experience in both uniform and detective roles. He is a Senior Investigating Officer and holder of the police long service and good conduct medal. He has been commended on three occasions for detective ability and leadership.

Table of Contents

Table of Cases	xv
Table of Legislation	xvii
1 Powers to Stop and Search: Part I	1
Law and Commentary
1.1 Introduction	2
1.2 Powers to Stop and Search (Section 1)	2
1.3 Search Safeguards (Section 2)	5
1.4 Search Records (Section 3)	8
1.5 Road Checks (Section 4)	9
1.6 Additional Powers of Stop and Search	11
Practical Guidance
1.7 Case Study 1 (Section 1)	14
1.8 Case Study 2 (Section 1)	15
2 Powers of Entry, Search, and Seizure: Part II	17
Law and Commentary
2.1 Introduction	19
2.2 The Two New Types of Warrants: 'Specific Premises Warrants' and 'All Premises Warrants'	19
2.3 Power of Magistrates to Issue Warrants to Enter and Search Premises (Section 8)	20
2.4 Items Subject to Legal Privilege (Section 10), Excluded Material (Section 11), and Special Procedure Material (Section 14)	22
2.5 Search Warrant and Other Orders Issued by Judge under the 'Special Procedure' (Section 9 and Schedule 1)	27
2.6 Search Warrant Safeguards (Section 15)	32
2.7 Execution of Search Warrants (Section 16)	34
2.8 Alternative Powers of Search and Seizure, Supplementary to PACE	38
2.9 Power of Entry for Specified Purposes, Including Arrest (Section 17)	39
2.10 Entry and Search after Arrest (Section 18)	41
2.11 General Power of Seizure (Section 19)	43
2.12 Extension of Powers of Seizure to Computerized Information (Section 20)	45
2.13 Rights to Access and Copies or Photographs of Seized Material (Section 21)	46
2.14 Access to Seized Material (Section 21(3), (8), and (9); Code B 7.17)	46
2.15 Photographs or Copies (Section 21(3) to (9))	47
2.16 The Duration of Retention of Seized Items (Section 22)	47
Practical Guidance
2.17 Case Study 1 (Sections 18 and 19)	48
2.18 Case Study 2 (Sections 17, 18, and 19 [and Section 32])	49
2.19 Case Study 3 (Search Warrants)	50
2.20 Decision-making Chart for Obtaining Material on Premises by Warrant etc	52
3 Arrest: Part III	53
Law and Commentary
3.1 Introduction	54
3.2 Arrest without Warrant by Constables (Section 24) and Other Persons (Section 24A)	54
3.3 Requirement for Offenders to Attend for Fingerprinting; and Arrest in Default (Section 27)	59
3.4 Information to be Given on Arrest (Section 28)	60
3.5 Powers and Procedures with Respect to Persons Arrested Elsewhere than at Police Station (Section 30)	62
3.6 The Bail of Persons Arrested Elsewhere than at Police Station ('Street Bail') (Sections 30A, 30B, and 30C)	63
3.7 The Arrest of Persons at Police Stations, Attending Voluntarily (Section 29) or by Arrest for Further Offence (Section 31)	64
3.8 Search of Persons and Search and Entry of Premises Upon Arrest at a Place Other than a Police Station (Section 32)	66
Practical Guidance
3.9 Case Study 1 (Section 24 (and Section 1))	68
3.10 Case Study 2 (Section 24)	69
4 Detention: Part IV	71
Law and Commentary
4.1 Introduction	72
4.2 Police Detention	72
4.3 The Custody Officer (Sections 36-40A)	73
4.4 Reviews	82
4.5 Limits on Detention (Section 41)	84
4.6 Extensions of Detention (Sections 42-44)	85
4.7 Detention after Charge (Section 46)	88
4.8 Bail and Arrest (Sections 46A and 47)	88
Practical Guidance
4.9 Case Study	89
5 Treatment: Part V	93
Law and Commentary
5.1 Introduction	94
5.2 Rights of Detainees	94
5.3 Searches (Section 54)	99
5.4 Fingerprints	104
5.5 Samples (Section 63)	104
Practical Guidance
5.6 Case Study (Detainee's Rights)	105
6 Identification: Part V, Code D	109
Law and Commentary
6.1 Introduction	110
6.2 Searches to Ascertain Identity (Section 54A)	110
6.3 Fingerprints (Sections 61, 63A, and 64)	111
6.4 Impressions of Footwear (Sections 61A and 63A)	113
6.5 Samples (Sections 62, 63, 63A, and 65)	113
6.6 Destruction of Fingerprints, Footwear Impressions, and Samples (Section 64)	116
6.7 Photographs (Section 64A)	117
6.8 Identification by Witnesses (Code D)	118
Practical Guidance
6.9 Case Study 1 (fingerprints, searches, and examinations)	126
6.10 Case Study 2 (footwear impressions)	127
6.11 Case Study 3 (non-intimate samples)	127
6.12 Case Study 4 (fingerprints, use of force)	128
7 Interviews: Part V, Code E	129
Law and Commentary
7.1 Introduction	130
7.2 What is an Interview?	130
7.3 Interviews at the Police Station (Code C 12)	131
7.4 The Conduct of Interviews (Code C and Annex B and C)	133
7.5 Interview Records (Code C and E)	139
7.6 Written Statements under Caution (Code C, Annex D)	142
Practical Guidance
7.7 Case Study	143
8 The Detention and Treatment of Vulnerable Suspects	145
Law and Commentary
8.1 Introduction	146
8.2 The Special Groups	146
8.3 Initial Steps	147
8.4 Who can Act as an Appropriate Adult?	149
8.5 When is an Interpreter Required?	151
8.6 Legal Advice	152
8.7 Interviews	152
8.8 Detention	155
8.9 Intimate Searches	157
8.10 Strip Searches	158
8.11 Drug Testing	159
8.12 Charging	160
8.13 Bail	160
Practical Guidance
8.14 Case Study	161
9 Evidence: Part VIII	163
Law and Commentary
9.1 Introduction	164
9.2 Convictions and Acquittals	164
9.3 Confessions (Sections 76, 76A, and 77)	165
9.4 Exclusion of Unfair Evidence (Sections 78 and 82(3))	170
9.5 Time for Taking an Accused's Evidence (Section 77)	172
9.6 Evidence from an Accused's Spouse or Civil Partner (Section 80)	172
9.7 Expert Evidence (Section 81)	173
APPENDICES
1 Police and Criminal Evidence Act 1984, as amended (PACE)	175
Contents of Appendices 2-9: Codes of Practice	309
2 Code A: PACE Code of Practice for the Exercise by Police Officers of Statutory Powers of Stop and Search; Police Officers and Police Staff of Requirements to Record Public Encounters	319
3 Code B: PACE Code of Practice for Searches of Premises by Police Officers and the Seizure of Property Found by Police Officers on Persons or Premises	339
4 Code C: PACE Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers	357
5 Code D: PACE Code of Practice for the Identification of Persons by Police Officers	417
6 Code E: PACE Code of Practice on Audio Recording Interviews with Suspects	457
7 Code F: PACE Code of Practice on Visual Recording with Sound of Interviews with Suspects	465
8 Code G: PACE Code of Practice for the Statutory Power of Arrest by Police Officers	475
9 Code H: PACE Code of Practice in connection with the Detention, Treatment and Questioning by Police Officers of Persons under Section 41 of, and Schedule 8 to, The Terrorism Act 2000 (Summary)	481
Index	507