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PACE

Structure and codes 2

QuestionAnswer
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
Created by: UPJP
 

 



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