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PACE
Structure and codes 2
| Question | Answer |
|---|---|
| What does PACE stand for? | Police and Criminal Evidence Act 1984 |
| Name the 5 functional Parts of PACE in order | Part I Stop & search, Part II Entry/search/seizure, Part III Arrest, Part IV Detention, Part V Questioning & treatment |
| Which Code covers stop and search? | Code A |
| Which Code covers search of premises and seizure? | Code B |
| Which Code covers detention, treatment and questioning in custody? | Code C |
| Which Code covers identification (ID parades, video ID, fingerprints)? | Code D |
| Which Code covers audio recording of interviews? | Code E |
| Which Code covers visual recording of interviews? | Code F |
| Which Code covers arrest? | Code G |
| Which Code covers detention/treatment of terrorism suspects? | Code H |
| What is the standard maximum detention period without charge under s.41 PACE? | 24 hours from "the relevant time" |
| Who can authorise extending detention to 36 hours? | A Superintendent (or above), for an indictable offence, if necessary |
| Beyond 36 hours, who authorises further detention up to 96 hours? | A Magistrates' Court warrant of further detention |
| What is "the relevant time" for calculating detention limits? | Generally the time of arrival at the first police station after arrest |
| What right does s.58 PACE give a detainee? | The right to consult a solicitor privately, free of charge, at any time |
| What right does s.56 PACE give a detainee? | The right to have one named person told of the arrest and where they are held |
| Can the s.56 right (informing someone) be delayed, and by whom? | Yes — for an indictable offence, an officer of at least INSPECTOR rank can authorise delay up to 36 hours, on statutory grounds (e.g. interference with evidence, alerting other suspects) |
| Can the s.58 right (legal advice) be delayed, and by whom? | Yes — for an indictable offence, an officer of at least SUPERINTENDENT rank can authorise delay up to 36 hours, on the same type of statutory grounds. This is a higher rank than the s.56 delay — do not confuse the two |
| What does s.78 PACE allow a court to do? | Exclude evidence if admitting it would have an adverse effect on the fairness of proceedings |
| What are the "route to custody" welfare checks an officer must consider before booking someone in? | Fitness to detain — injuries, intoxication, self-harm risk, medical needs, need for an appropriate adult or interpreter |