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Police And Criminal Evidence (PACE)

PACE Review: Report of the joint Home Office/Cabinet Office review of the Police And Criminal Evidence Act 1984 [PDF 398KB, 53 pages]

Scope

To undertake a review of the requirements of the Police and Criminal Evidence Act 1984 (PACE), with particular emphasis on, but not limited to, those aspects which govern detention and the custody process.

Background

In May 2002 the Home Secretary announced a fundamental Review of the Police and Criminal Evidence Act (PACE) and the accompanying Codes of Practice to be conducted jointly by the Home Office and the Cabinet Office. The Review focused on the basic requirements of PACE and the Codes that underlie police procedures with particular emphasis on, but not limited to, those aspects that govern detention and the custody process. In particular, the Review team was asked to consider whether the Act and the Codes were still the best way of ensuring that the powers of the police are properly exercised and the rights of suspects are adequately protected. The Review was to identify possible changes to the rules, without compromising the rights of those that the Act protects, that could:

• simplify police procedures;
• reduce administrative burdens on the police;
• save police resources; and
• speed up the process of justice.

Approach

The team opted for a four-phase approach to the Review:

• The first phase encompassed research into issues around PACE and its procedures and discussions with PACE 'experts' around the country. This phase also include investigation of other UK criminal justice system initiatives to ensure that the Review did not duplicate and overlap work already being undertaken.
• The second phase consisted of a series of interviews conducted with frontline staff working in the Criminal Justice System. Groups interviewed included staff in the Police, Crown Prosecution Service, and magistrates' courts, as well as defence solicitors, barristers, and judges in order to get a balanced view of the impact of PACE on different parts of the system.
• The third can be described as the interview phase, where three 'stakeholder workshops' were arranged. The aim of these workshops was to learn the views of key stakeholder groups in the police and the legal/judicial professions, and groups interested in wider issues of rights and civil liberties on issues raised in the interviews.
• The fourth phase involve discussions with the appropriate policy owners in the Home Office (or elsewhere) in order to gain a fuller understanding of the problems and to identify ways in which to take issues forward.

Key Achievements

The report outlines the key findings of the joint review, as well as providing recommendations, preferred actions and timescales for implementation. Subjects reviewed include:

• Structure of the PACE and the Codes of Practice;
• Stop and Search;
• Entry, Search and Seizure;
• Arrest;
• Detention;
• Questioning;
• Identification;
• Issue falling outside PACE.

Next Steps

Responsibility for delivery rests with the stakeholders. The project team will continue to work with stakeholders to ensure that the actions are delivered as agreed and are communicated effectively to the relevant staff.

For further enquires or information please contact Public Sector Team at psinfo@cabinet-office.x.gsi.gov.uk