Unit 6: A S012617
Importance of Working with the Legal Framework
Policing and Criminal Evidence Act 1984 Legislations
The PACE Act 1984 is a mandatory policing act that was implemented to prevent unfair
abuse of power from the police during investigations and arrests. They prevent any illegal or
improper police behaviour and ultimately enforce and protect the human rights of any
potential suspect, witness and anybody else involved. It deters the use of excessive force
with a clear legislated methods of handling cases. Whilst helping to keep the police in
power, it aids in the regulation of any power imbalances and prevents misdiagnosis and
false claims of criminal behaviour. Failure to accurately abide to PACE rules can invalidate
evidence and entirely excuse a case being successfully prosecuted in court.
Code A – Stop and Search
A1 – PACE act code A must be readily available to all officers, detainees and public figures in
England and Wales at all times to ensure fairness, accountability and respect of human
rights.
A2- Officers must act fairly, with no bias and strictly no discrimination of Race, Gender, Age
or any minorities under the Equality Act 2010. They must also act transparently and openly
towards a detainee, openly explaining the reasons for the search and the rights of the
individual, whilst keeping a formal audit of all details. Police officers may only conduct a
stop and search when justified with reasonable grounds in the appropriate area. For
example, stolen goods, suspicion of firearms or offensive weapons and suspicion of
possession may be carried out in public spaces but would require a warrant to search
private property. Evidence discovered during a stop and search may be later concluded
inadmissible if these legislations are not thoroughly followed and carried out.
A3- Officers conducting a stop and search must clearly record the respective grounds for the
search, results of the search, the name, locality and badge number of the officer/s
conducting the search, as well as communicating to the detainee their right to digital
recording and ability to report misuse of potentially illegal powers inflicted during a search.
If the search results in an arrest, the officer must record the reason for arrest with the
detainees’ relevant rights and any other information available during and shortly after the
search.
A4- Officers must conduct all searches as quickly as possible to prevent distress and
inconvenience to the detainee. Too long of a search may be scrutinised in court and raise
issues regarding misuse of police powers. Police must also allow detainees to retain their
dignity by approaching searches professionally and sensitively, especially when a search
regards personal items such as bags and clothes. Searches regarding personal items must be
conducted by officers of the same gender as the detainee with few exceptions in extreme
cases such as suspected terrorism.
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, Unit 6: A S012617
A5- Officers must oblige to a legitimate use of powers when conducting a search. They
should not act excessively or without reasonable grounds based upon evidence or police
intelligence. There must be clear objective reasons for conducting a stop and search, with
no assumptions or arbitrary decisions based on personal beliefs or stereotypes.
Code C – Detention, Treatment and Questioning of Suspects
C1 - PACE act code C must be readily available to all officers, detainees and public figures in
England and Wales at all times to ensure fairness, accountability and respect of human
rights.
C2- Police must tell detainees their rights clearly during arrests and questioning. This
includes detainees rights to a solicitor via private hire or provided by the state, the right to
arrangements of other legal advice, the right to written notices of individuals rights, the
right to a copy of the custody record, the right to remain silent the right and access to
challenge legality of an arrest, the right to medical assistance, the right to accessing
evidence during prosecution, as well as their entitlements to adequate comfort, food and
drink, access to toilet and bathroom facilities, access to medicine, access to clothing and
access to exercise. Police must also tell individuals that are attending voluntarily (without
arrest) their right to leave unless arrested, unless regarding suspected terror cases.
C3- When detainees align with certain groups, special action must be taken to ensure
legality of arrests and detention. For individuals with impaired language or hearing, officers
must provide and arrange a qualified interpreter or translator to assist with questioning. If
detainees are juvenile, officers must acquire the identity of their legal guardian and have
them present before any questioning. The guardian must also be told their duties, the
grounds for the arrest and their rights to private consultation. If detainees align with the
Mental Health Act 1983, they must undergo a thorough risk assessment to determine the
mental state and take appropriate action based on results.
C4- When interviewing detainees, police must ensure that the individuals in question agree
to the interview being filmed via video and audio recording devices. The recordings must
include the date and time of the interview, who is present during the interview and any
communication undertaken prior to the interview. The officers must enlighten the detainee
of all relevant rights, including the right to remain silent. Interviews must be conducted in a
designated police interview room with appropriate equipment. Police officers must not use
any form of threats, oppression or unlawful coercion to obtain information or confessions.
Police officers are only permitted to use interview tactics in attempt to gain information
when necessary and approved.
C5- Police officers must detain, charge and undergo court proceedings within 24 hours of
initial arrest to retain legality and sensitivity of cases. In serious cases, this may be approved
to be enhanced to 36-48 hours, with exceptions of terrorism which may be approved to last
up to 14 days.
2
Importance of Working with the Legal Framework
Policing and Criminal Evidence Act 1984 Legislations
The PACE Act 1984 is a mandatory policing act that was implemented to prevent unfair
abuse of power from the police during investigations and arrests. They prevent any illegal or
improper police behaviour and ultimately enforce and protect the human rights of any
potential suspect, witness and anybody else involved. It deters the use of excessive force
with a clear legislated methods of handling cases. Whilst helping to keep the police in
power, it aids in the regulation of any power imbalances and prevents misdiagnosis and
false claims of criminal behaviour. Failure to accurately abide to PACE rules can invalidate
evidence and entirely excuse a case being successfully prosecuted in court.
Code A – Stop and Search
A1 – PACE act code A must be readily available to all officers, detainees and public figures in
England and Wales at all times to ensure fairness, accountability and respect of human
rights.
A2- Officers must act fairly, with no bias and strictly no discrimination of Race, Gender, Age
or any minorities under the Equality Act 2010. They must also act transparently and openly
towards a detainee, openly explaining the reasons for the search and the rights of the
individual, whilst keeping a formal audit of all details. Police officers may only conduct a
stop and search when justified with reasonable grounds in the appropriate area. For
example, stolen goods, suspicion of firearms or offensive weapons and suspicion of
possession may be carried out in public spaces but would require a warrant to search
private property. Evidence discovered during a stop and search may be later concluded
inadmissible if these legislations are not thoroughly followed and carried out.
A3- Officers conducting a stop and search must clearly record the respective grounds for the
search, results of the search, the name, locality and badge number of the officer/s
conducting the search, as well as communicating to the detainee their right to digital
recording and ability to report misuse of potentially illegal powers inflicted during a search.
If the search results in an arrest, the officer must record the reason for arrest with the
detainees’ relevant rights and any other information available during and shortly after the
search.
A4- Officers must conduct all searches as quickly as possible to prevent distress and
inconvenience to the detainee. Too long of a search may be scrutinised in court and raise
issues regarding misuse of police powers. Police must also allow detainees to retain their
dignity by approaching searches professionally and sensitively, especially when a search
regards personal items such as bags and clothes. Searches regarding personal items must be
conducted by officers of the same gender as the detainee with few exceptions in extreme
cases such as suspected terrorism.
1
, Unit 6: A S012617
A5- Officers must oblige to a legitimate use of powers when conducting a search. They
should not act excessively or without reasonable grounds based upon evidence or police
intelligence. There must be clear objective reasons for conducting a stop and search, with
no assumptions or arbitrary decisions based on personal beliefs or stereotypes.
Code C – Detention, Treatment and Questioning of Suspects
C1 - PACE act code C must be readily available to all officers, detainees and public figures in
England and Wales at all times to ensure fairness, accountability and respect of human
rights.
C2- Police must tell detainees their rights clearly during arrests and questioning. This
includes detainees rights to a solicitor via private hire or provided by the state, the right to
arrangements of other legal advice, the right to written notices of individuals rights, the
right to a copy of the custody record, the right to remain silent the right and access to
challenge legality of an arrest, the right to medical assistance, the right to accessing
evidence during prosecution, as well as their entitlements to adequate comfort, food and
drink, access to toilet and bathroom facilities, access to medicine, access to clothing and
access to exercise. Police must also tell individuals that are attending voluntarily (without
arrest) their right to leave unless arrested, unless regarding suspected terror cases.
C3- When detainees align with certain groups, special action must be taken to ensure
legality of arrests and detention. For individuals with impaired language or hearing, officers
must provide and arrange a qualified interpreter or translator to assist with questioning. If
detainees are juvenile, officers must acquire the identity of their legal guardian and have
them present before any questioning. The guardian must also be told their duties, the
grounds for the arrest and their rights to private consultation. If detainees align with the
Mental Health Act 1983, they must undergo a thorough risk assessment to determine the
mental state and take appropriate action based on results.
C4- When interviewing detainees, police must ensure that the individuals in question agree
to the interview being filmed via video and audio recording devices. The recordings must
include the date and time of the interview, who is present during the interview and any
communication undertaken prior to the interview. The officers must enlighten the detainee
of all relevant rights, including the right to remain silent. Interviews must be conducted in a
designated police interview room with appropriate equipment. Police officers must not use
any form of threats, oppression or unlawful coercion to obtain information or confessions.
Police officers are only permitted to use interview tactics in attempt to gain information
when necessary and approved.
C5- Police officers must detain, charge and undergo court proceedings within 24 hours of
initial arrest to retain legality and sensitivity of cases. In serious cases, this may be approved
to be enhanced to 36-48 hours, with exceptions of terrorism which may be approved to last
up to 14 days.
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