Home Office circular 56 / 2005
Police and Criminal Evidence Act 1984: Revised Codes of Practice 2005 and accompanying guidance Revised Notice of Rights and Entitlements
- Broad subject: Police Service
- Issue date: Fri Dec 23 00:00:00 GMT 2005
Crime Reduction and Community Safety Group (CRCSG) - Policing Policy Police Leadership and Powers Unit (PLPU)
- Linked circulars:
041 / 2004
- Copies sent to:
Chief Officers of Police (England and Wales), Clerks to the Police Authorities, Director General, National Crime Squad, The Chief Clerk of the Crown Court, The Chief Crown Prosecutor ,The Circuit Administrator ,The Clerk to the Justices ,The Court Administrator,The Director of Public Prosecutions ,The Justices' Clerks' Society ,The Law Society
- Sub category: Operational Policing
- Implementation date: Sun Jan 01 00:00:00 GMT 2006
- For more info contact:
Neil Curtis - 020 7035 0881
- Addressed to:
All Chief Officers in England and Wales
Dear Chief Officer
Police and criminal evidence act 1984: Revised codes of practice midnight 31 December 2005
1. Parliament approved revised PACE Codes of Practices on 9 December 2005 for commencement after midnight on 31 December 2005.
2. Electronic copies of the revised Codes are available on the Home Office PACE Codes web page. Hard copies have been distributed to and should already be with each force.
3. The changes to the PACES Codes primarily reflect the statutory requirements under the Serious Organised Crime and Police Act 2005 and the Drugs Act 2005. Guidance is attached at Annex A, including templates relating to the application for and issue of warrants under section 8 of PACE. Home Office Circular 49/2005 provides information relating to drug testing for the presence of specified Class A drugs under section 63B of PACE as amended by the Drugs Act 2005 and further detailed guidance has been issued to practitioners. Electronic copies of the guidance are available at:
Further guidance on the extended detention of persons suspected of having swallowed drugs, intimate drug offence searches and the taking of x-rays and ultrasounds is being produced by the Drug Legislation and Enforcement Unit in the Home Office. Contact point: Trevor Crook on 020 7035 0453.
Corrections to Code B & Code C
4. Please note the following corrections to the revised Codes that will be amended in the next revision:
Search Warrants and Production Orders
- Code B (Note for Guidance 2A(b), 3.4(a) and 3.6(e)(i)) was amended so that the police can apply to 'a judge of the High Court, a Circuit judge, a recorder or a District judge' for a warrant under PACE Schedule 1 or the Terrorism Act 2000, Schedule 5, paragraph 11
- This relates to an amendment to the Police and Criminal Evidence Act 1984 brought about by the Courts Act 2003, section 65 and Schedule 4, paragraph 6(5). That provision has not yet been commenced. Therefore applications under PACE Schedule 1 or the Terrorism Act 2000, Schedule 5 must continue to be made to a Circuit Judge
Drug testing for the presence of Class A drugs - Retention of samples
- Code C (paragraph 17.16(b) currently states that a sample taken under this power must be retained until the person concerned has made their first appearance before the court. However with the introduction of testing on arrest this is no longer appropriate as persons who are tested on arrest may not necessarily be charged
- Therefore this paragraph will be corrected in the next revision of the Codes so that it is consistent with DIP guidance, which makes it clear that the sample can be disposed of as clinical waste unless it is to be sent for further analysis in cases where the test result is disputed at the point when the result is known, or where medication has been taken, or for quality assurance purposes.'
Notice of Rights and Entitlements
5. The Notice of Rights and Entitlements has also been revised and translated into a number of additional languages. Printable ('.PDF') versions of the translations are on the CD that accompanies hard copies of the PACE Codes. In addition forces will be provided with a separate CD containing all print and digital audio versions ('.wav') of the revised Notice of Rights and Entitlements.
Head of Police Powers and Community Confidence
Police Leadership and Powers Unit
- Annex Guidance A - Amendments to Pace and pace codes of pratice:Serious organised crime and police act 2005 and drugs act 2005 (Microsoft Word file - 83kb)
- Annex Guidance B - Notes for Guidance - application for, and execution of, search warrants under section 8 Police and Criminal Evidence Act 1984 (as amended) (Microsoft Word file - 179kb)
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