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The '''Police and Criminal Evidence Act 1984''' ('''PACE''') is a major statute governing police powers and safeguards for suspects in England and Wales. It covers areas such as stop and search, arrest, detention, interviews, searches of premises, seizure of property, identification procedures, and the treatment of people in police custody.
	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 supported by statutory codes of practice. The Home Office describes the Act and codes as a framework for police powers that is intended to combat crime while protecting the rights of the public.
	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 ==	== Scope ==
PACE applies mainly to policing and criminal procedure in England and Wales. It does not provide a single complete code for every investigative power, and other statutes may apply in areas such as terrorism, immigration, national security, surveillance, and specialist regulatory investigations.
	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.

The Act is important because it places police powers within a statutory framework. It also gives courts a basis for examining whether evidence was obtained fairly and whether police powers were used lawfully.
	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.

== Background ==
PACE followed concern about police powers, interview practices, detention, and miscarriages of justice. Before the Act, many rules came from common law, judges' rules, local practice, and separate statutory powers. PACE created a clearer national structure for core police powers and introduced codes of practice that could be revised as policing changed.
	== 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.

The Act received Royal Assent on 31 October 1984. It has since been amended many times, so the current version should be checked on legislation.gov.uk rather than relying on the original 1984 text.
	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.

== Main Areas Covered ==
PACE and its codes cover several central areas of criminal investigation.
	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.

=== Stop and Search ===
Part I includes powers to stop and search people, vehicles, and articles in specified circumstances. Section 1 is one of the best-known powers. It allows a constable to search where there are reasonable grounds to suspect that stolen or prohibited articles, certain weapons, or other specified items will be found.
	== 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.

PACE Code A gives practical rules for the exercise and recording of stop and search powers. It covers matters such as reasonable grounds, the information an officer should give, and the recording of public encounters.
	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 ===
PACE contains powers and safeguards relating to arrest. Section 24, as amended, allows arrest without warrant where statutory conditions are met. The arrest must be supported by reasonable suspicion and must normally satisfy a necessity test.
	== 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\|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.

PACE Code G deals with the statutory power of arrest and the necessity criteria. A lawful arrest is not simply a matter of suspecting an offence; the officer must also be able to justify why arrest is necessary.
	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.

Section 24A gives a separate and narrower arrest power to a person other than a constable. It applies to indictable offences, which in England and Wales includes either-way offences as well as indictable-only offences. This means the section 24A framework can be relevant to theft and shop theft. Low-value shoplifting has special summary-only procedure, but section 176 of the Anti-social Behaviour, Crime and Policing Act 2014 provides that PACE references to an indictable offence include low-value shoplifting; Home Office guidance says this preserved PACE powers including shop security staff making a citizen's arrest.
	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 Questioning ===
PACE regulates the detention, treatment, and questioning of people in police custody. Code C is the main code for non-terrorism detention and questioning. It covers matters such as custody records, rights and entitlements, access to legal advice, medical treatment, rest, meals, interviews, and safeguards for children and vulnerable people.
	== 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.

Detention without charge is subject to time limits and review. Longer detention requires additional authority and is limited by statute.
	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.

=== Search of Premises and Seizure ===
PACE also covers search warrants, entry, searches of premises, seizure, and retention of material. Code B provides guidance on searches of premises and the handling of property found on premises or people.
	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.

The Act distinguishes between different legal routes for search and seizure. Some searches require a warrant or statutory authority, while other powers arise after arrest or in specific investigative circumstances.
	== 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.

=== Identification and Interviews ===
Code D deals with identification procedures and criminal records. Code E deals with audio recording interviews with suspects in police stations. Code F covers visual recording with sound where that is used.
	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.

These rules are intended to reduce disputes about what was said or done, improve reliability, and protect both suspects and investigators.
	== 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.

== Codes of Practice ==
The PACE codes are central to the operation of the Act. Current Home Office material lists codes covering:
	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.

* '''Code A''': stop and search and recording public encounters.
* '''Code B''': searches of premises, seizure, and retention of property.
* '''Code C''': detention, treatment, and questioning of suspects not related to terrorism.
* '''Code D''': identification procedures and criminal records.
* '''Code E''': audio recording of interviews.
* '''Code F''': visual recording with sound of interviews.
* '''Code G''': arrest powers.
* '''Code H''': detention and questioning in terrorism cases.
* '''Code I''': detention and questioning under the National Security Act 2023.
	== Codes of Practice ==
	The PACE codes give detailed operating rules. Important codes include:

The codes are updated from time to time. The Home Office page for PACE codes was updated on 20 December 2023 to add Code I and update Codes A, B, C, D, and H.
	* '''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.

== Safeguards ==
PACE safeguards include:
	The codes are updated over time. Courts can consider breaches when deciding whether evidence should be admitted or whether police conduct was lawful.

* The requirement for lawful grounds when using intrusive powers.
* The right to legal advice for people in police detention.
* The right for a detained person to have someone informed of their arrest, subject to legal limits.
* Custody records and review of detention.
* Special rules for children and vulnerable people.
* Recording requirements for searches and interviews.
* Court powers to exclude unfairly obtained evidence in appropriate cases.
	== 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.

The safeguards do not prevent every dispute about police conduct, but they give courts, lawyers, custody officers, and oversight bodies a framework for assessing what happened.
	=== 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.

== Evidence and Court Proceedings ==
PACE can affect whether evidence is admitted in criminal proceedings. If police breach PACE or the codes, a court may consider whether admitting the evidence would have an adverse effect on the fairness of the proceedings. The result depends on the facts, the seriousness of the breach, and the role of the evidence in the case.
	=== 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.

Not every breach automatically excludes evidence, and not every procedural mistake makes an arrest or interview unlawful. PACE issues are usually assessed in context.
	=== 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 ==	== Criticism and Debate ==
PACE is often treated as a central safeguard in modern policing, but it remains debated. Common issues include:
	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.

* Whether stop and search powers are used proportionately.
* Whether vulnerable suspects understand and can use their rights.
* How consistently custody safeguards are applied across police forces.
* How the Act and codes should adapt to digital evidence, mobile devices, and modern investigative methods.
* Whether police training and supervision are sufficient to maintain compliance.
	The Act has been amended many times, so reliable discussion should refer to the current version of the statute and the current codes.

The Act has therefore remained important not only as a set of powers, but also as a continuing point of debate about police accountability and public confidence.
	== See Also ==
	* [[Citizen's_Arrest]]
	* [[Reasonable_force]]
	* [[Criminal_Law_Act_1967]]
	* [[Police_Act_1996]]

== References ==	== References ==
* [https://www.legislation.gov.uk/id/ukpga/1984/60 Police and Criminal Evidence Act 1984, current version]	* [https://www.legislation.gov.uk/id/ukpga/1984/60 Police and Criminal Evidence Act 1984, current version]
	* [https://www.legislation.gov.uk/ukpga/1984/60/section/24A Police and Criminal Evidence Act 1984, section 24A]
* [https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice GOV.UK: PACE codes of practice]	* [https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice GOV.UK: PACE codes of practice]
* [https://www.gov.uk/government/publications/pace-code-c-2023 GOV.UK: PACE Code C 2023]	* [https://www.gov.uk/government/publications/pace-code-c-2023 GOV.UK: PACE Code C 2023]
* [https://www.legislation.gov.uk/ukpga/1984/60/section/1 PACE section 1]
* [https://www.legislation.gov.uk/ukpga/1984/60/section/24 PACE section 24]
* [https://www.legislation.gov.uk/ukpga/1984/60/section/24A PACE section 24A]
	* [https://www.college.police.uk/article/police-and-criminal-evidence-act-pace-1984-changes College of Policing: PACE 1984 changes]

* [https://www.legislation.gov.uk/ukpga/1978/30/schedule/1 Interpretation Act 1978, Schedule 1]
* [https://www.legislation.gov.uk/ukpga/2014/12/section/176 Anti-social Behaviour, Crime and Policing Act 2014, section 176]
* [https://assets.publishing.service.gov.uk/media/5a7deff5ed915d74e33eefe2/low_value_shop_theft_guidance.pdf Home Office: Low-value shoplifting guidance]
* [https://sentencingcouncil.org.uk/guidelines/theft-from-a-shop-or-stall/ Sentencing Council: Theft from a shop or stall]
[[Category:Law]]
[[Category:United Kingdom law]]
	[[Category:Criminal law]]
	[[Category:United Kingdom]]