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Latest Revisions to the Police and Criminal Evidence Act 1984 Codes of Practice

Latest Revisions to the Police and Criminal Evidence Act 1984 Codes of Practice. Presented by: Andy Derwent Date: 2 nd November 2013. Summary. Revised six of the PACE Codes of Practice: A (stop and search); B (search of premises and seizure of property); C (detention of suspects);

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Latest Revisions to the Police and Criminal Evidence Act 1984 Codes of Practice

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  1. Latest Revisions to the Police and Criminal Evidence Act 1984 Codes of Practice Presented by: Andy Derwent Date: 2nd November 2013

  2. Summary • Revised six of the PACE Codes of Practice: • A (stop and search); • B (search of premises and seizure of property); • C (detention of suspects); • E (audio recording of interviews); • F (visual recording of interviews); and • H (detention of terrorism suspects). • Amended codes came into force 27th October. • Two principle reasons for changes: • Hughes Chang court case; and • EU Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings.

  3. Hughes Chang Court Case • Concerned provision of Appropriate Adults to 17 year olds. • Court ruling; unlawful to treat 17 year olds in same way as adults. • Required to amend Code C. By extension, need to amend Code H. • But NOT required to amend PACE itself. • Amendments extend provision of Appropriate Adults to 17 year olds. • Also require that a person responsible for their welfare be informed. • In summary, 17 year olds treated in same way as 10 – 16 year olds (except where PACE prevents it).

  4. Differences in treatment of 17 year olds • Certain provisions regarding 17 year olds defined under PACE itself. • So could not be changed by amending PACE codes. • Therefore, three provisions will not apply: • detention for their own interests (section 38(1)(b)(ii) of PACE); • transfers to local authority accommodation after charge (section 38(6) of PACE); and • Consent to certain procedures without also requiring consent of parent (section 65 of PACE).

  5. EU Directive • Required to be transposed into domestic law by 27th October. • Requires translation of ‘essential documents’. These include: • authorisations of detention under PACE given by police and courts; • details of offences charged; and • written interview records. • Applies whether or not detainee is EU citizen. • Does not affect operation of Welsh Language Schemes.

  6. Changes to other codes • Reduction of threshold for searching individuals on school premises (Codes A and B). • Tidying up in relation to terrorism (Codes A and B). • Amended summary of Equality Act (Codes A and B). • Recording of voluntary interviews (Codes E and F).

  7. What next? • Possible update of legislation (PACE and other Acts). • Templates for essential documents. • Update of Notice of Rights and Entitlements.

  8. Links to website • Code C: https://www.gov.uk/government/publications/pace-code-c-2013 • Code H: https://www.gov.uk/government/publications/pace-code-h-2013 • Consultation responses: https://www.gov.uk/government/consultations/consultation-on-revised-pace-codes-of-practice-2013

  9. Any questions?

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