Latest Revisions to the Police and
Criminal Evidence Act 1984 Codes
of Practice
Presented by: Andy Derwent
Date: 2nd November 2013
Summary
• Revised six of the PACE Codes of Practice:
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A (stop and search);
B (search of premises and seizure of property);
C (detention of suspects);
E (audio recording of interviews);
F (visual recording of interviews); and
H (detention of terrorism suspects).
• Amended codes came into force 27th October.
• Two principle reasons for changes:
– Hughes Chang court case; and
– EU Directive 2010/64/EU on the right to interpretation and
translation in criminal proceedings.
Hughes Chang Court Case
• Concerned provision of Appropriate Adults to 17 year olds.
• Court ruling; unlawful to treat 17 year olds in same way as
adults.
• Required to amend Code C. By extension, need to amend Code
H.
• But NOT required to amend PACE itself.
• Amendments extend provision of Appropriate Adults to 17 year
olds.
• Also require that a person responsible for their welfare be
informed.
• In summary, 17 year olds treated in same way as 10 – 16 year
olds (except where PACE prevents it).
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Differences in treatment of 17 year
olds
• Certain provisions regarding 17 year olds defined
under PACE itself.
• So could not be changed by amending PACE
codes.
• Therefore, three provisions will not apply:
– detention for their own interests (section 38(1)(b)(ii) of
PACE);
– transfers to local authority accommodation after charge
(section 38(6) of PACE); and
– Consent to certain procedures without also requiring
consent of parent (section 65 of PACE).
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EU Directive
• Required to be transposed into domestic law by 27th
October.
• Requires translation of ‘essential documents’. These
include:
– authorisations of detention under PACE given by police and
courts;
– details of offences charged; and
– written interview records.
• Applies whether or not detainee is EU citizen.
• Does not affect operation of Welsh Language Schemes.
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Changes to other codes
• Reduction of threshold for searching individuals
on school premises (Codes A and B).
• Tidying up in relation to terrorism (Codes A and B).
• Amended summary of Equality Act (Codes A and
B).
• Recording of voluntary interviews (Codes E and
F).
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What next?
• Possible update of legislation (PACE and other
Acts).
• Templates for essential documents.
• Update of Notice of Rights and Entitlements.
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Links to website
• Code C:
https://www.gov.uk/government/publications/pacecode-c-2013
• Code H:
https://www.gov.uk/government/publications/pacecode-h-2013
• Consultation responses:
https://www.gov.uk/government/consultations/cons
ultation-on-revised-pace-codes-of-practice-2013
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Any questions?
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