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The Police and Criminal Evidence Act 1984 (PACE) was an innovative and controversial attempt to regulate the investigation of crime. Two decades on, it now operates in a very different context than in the mid-1980s. Whilst legal advice has become established as a basic right of those arrested and detained by the police, the police service has become increasingly professionalised but also increasingly driven by government objectives and targets. The Crown Prosecution Service, originally established to separate prosecution from investigation, is now becoming involved in the investigative process with the power to make charge decisions. Although the basic structure of PACE has survived, almost continual revision and amendment has resulted in a markedly different creature than that which was originally enacted. In 2007 the government embarked on a further review of PACE, promising to 're-focus the investigation and evidence gathering processes [to deliver] 21st century policing powers to meet the demands of 21st century crime'. This collection brings together some of the leading academic experts, police officers and defence lawyers who have a wealth of experience of researching and working with the PACE provisions. They examine the critical questions and issues surrounding PACE, providing unique and exciting insights into the demands and challenges of the regulation of policing. Contributors David Dixon, Professor of Law, University of New South Wales - 'Authorise and Regulate: A Comparative Perspective on the Rise and Fall of a Regulatory Strategy'. Andrew Sanders, Professor of Criminal Law and Criminology, University of Manchester. 'Can Coercive Powers be Effectively Controlled or Regulated?'. John Coppen, Police Federation spokesperson on police custody issues. 'PACE: A View From the Custody Suite'. John Long, Assistant Chief Constable, Avon and Somerset Constabulary 'Keeping PACE? Some Front Line Policing Perspectives'. Barbara Wilding, Chief Constable, South Wales Police. 'Tipping the Scales of Justice? A Review of the Impact of PACE on the Police, Due Process and the Search for the Truth 1984-2006'. Richard Young, Professor of Law and Policy Research, University of Bristol. 'Street Policing After PACE: The Drift to Summary Justice'. Ed Cape, Professor of Criminal Law and Practice, University of the West of England. 'PACE Then and Now: 21 Years of "Re-balancing"'. Anthony Edwards, Leading criminal defence solicitor. 'The Role of Defence Lawyers in a "Re-balanced" System'. John Jackson, Professor of Public Law, Queen's University, Belfast. 'Police and Prosecutors after PACE: The Road from Case Construction to Case Disposal'.
This book provides practical guidance on what remains the single most important statutory basis for police duties and powers in England and Wales, the Police and Criminal Evidence Act 1984 and its Codes of Practice. The second edition has been fully updated and includes revised and expanded case studies and diagrams. There is further information dealing with the application of the Act for those outside the police charged with investigating offences, such as Revenue and Customs, the Armed Forces, security officers and Community Support Officers. Amendments to the Codes of Practice, including Code A (December 2008), Codes B, C and D (January 2008), and Codes E and F (April 2010), are also included. With the aid of check-lists, flow-charts and illustrative examples, this book gives excellent guidance on how the procedures and requirements of the Act apply to common every day scenarios facing police officers, as well as other persons charged with the investigation of offences. The appendices contain the full text of the Act, in addition to the latest version of the Codes of Practice. This is an essential reference source which the busy police officer or legal practitioner cannot afford to be without.
The Police and Criminal Evidence Act (PACE) and its Codes of Practice are a vital part of the legislative framework that lays out police powers for combating crime. Code A explains the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest. It also outlines the need for a police officer to make a record of a stop or encounter. This Code of Practice must be readily available at all police stations for consultation by police officers, police staff, detained persons and members of the public. This Code applies to any search by a police officer and the recording of public encounters taking place after 00.00 on 27 October 2013
The police force in Ireland - known as the Gardai ("Guardian") - are required to combine technical and legal proficiency in the prevention and detection of crime. Expected to intervene in every kind of emergency, Gardai investigate a diverse array of offenses, combining skills in crowd control, crime scene management, intelligence-gathering, and the collection and analysis of forensic evidence. In order to fulfill their various functions, the Gardai are vested with an extraordinary array of powers - powers which facilitate surveillance; the taking of forensic samples; photographs and fingerprints; stopping, searching, and arresting individuals; as well as searching homes and vehicles. Suspects are detained and questioned, children are taken into emergency care, mentally ill persons are taken into custody. Each situation is not only complicated on a human level, but on a legal level as well, as the powers exercised intersect with constitutional and legal rights to liberty, privacy, bodily integrity, freedom of association, and expression. In England and Wales, the Police and Criminal Evidence Act 1984 is accompanied by extensive PACE Codes of Conduct. There is a core framework of police powers and safeguards - clearly laid out - around stop and search, arrest, detention, investigation, identification, and interviewing detainees. However, in Ireland, an unwieldy array of legislation and case-law must be sifted through to decipher the applicable principles. The pace of legislative change in Irish criminal justice, combined with the practice of amending Acts piecemeal rather than by consolidation, makes identification of the extent and scope of the powers of the Gardai a challenge which is grappled with by Gardai and legal practitioners alike. This book examines Garda powers and the legal issues which arise in their exercise, with an emphasis on the practicalities of policing. The law is distilled to determine the origin of key powers and the pre-requisites and practical aspects of their lawful exercise. The approaches of the courts and police forces of other common-law jurisdictions to particular policing questions are considered. Best practice guidance has been incorporated, grounded in human rights principles and international standards.
Police and Criminal Evidence Act 1984 (UK) The Law Library presents the official text of the Police and Criminal Evidence Act 1984 (UK). Updated as of March 26, 2018 This book contains: - The complete text of the Police and Criminal Evidence Act 1984 (UK) - A table of contents with the page number of each section
This book reviews the key controversies surrounding the police power to stop and search members of the public. It explores the history and development of these powers, assesses their effectiveness in tackling crime and their impact on public trust and confidence as well as on-going attempts at regulation and reform.
The traditional view of the role of the police had come under increasing attacks in the early 1980s. The riots of 1981 and the Scarman Inquiry stimulated a widespread public debate about policing, police powers and accountability. It had become clear that the police did not simply enforce the law. They also made policy about what law to enforce, when to enforce it and against whom to enforce it. It was the control of this discretionary power which was at the heart of the debate at the time. Originally published in 1986, this book considers these critical issues in contemporary policing. It concentrates on those aspects of policing that were usually covered in law and law related courses. It deals with the constitutional framework within which the police operates. It examines the police complaints procedure and the full range of police powers against the background of the political debate at the time. Throughout the book the 1984 Police and Criminal Evidence Act is discussed in detail and its impact upon police and public alike is analysed.