PACE 1984
Police and Criminal Evidence Act 1984
The cornerstone of police powers in England and Wales. Governs stop and search, arrest, entry, search of premises, detention and questioning, and the treatment of suspects.
Self-test
Sections
Section 1 — Power to stop and search persons, vehicles etc.
Allows a constable to stop, detain and search a person or vehicle for stolen or prohibited articles, certain pointed/bladed articles, or fireworks, where reasonable grounds exist.
- Must have reasonable grounds for suspicion (not based on personal factors alone — see Code A).
- Search must take place in a public place, or anywhere if not a dwelling.
- Officer must give GO-WISELY information before search.
- Outer clothing only in public — coat, jacket, gloves.
Section 17 — Entry for the purpose of arrest etc.
Power to enter and search any premises without a warrant for the purpose of arresting a person for an indictable offence, executing a warrant, recapturing a person unlawfully at large, or saving life and limb / preventing serious damage to property.
- Must have reasonable grounds to believe the person sought is on the premises.
- Search limited to extent reasonably required for the purpose.
- Saving life or limb / preventing serious damage does NOT require a person to be sought.
Section 18 — Entry and search after arrest
Allows search of premises occupied or controlled by a person under arrest for an indictable offence, for evidence relating to that offence or a connected/similar indictable offence.
- Person must be under arrest for an indictable offence.
- Authority required from inspector (or above) in writing — except under s.18(5) for presence at scene.
- Record must be made on custody record.
Section 24 — Arrest without warrant: constables
A constable may arrest without warrant anyone about to commit, in the act of committing, suspected of being about to commit, or suspected of having committed an offence — provided arrest is necessary.
- Two-stage test: (1) involvement / suspected involvement, (2) necessity.
- Necessity criteria — name, address, prevent harm, child/vulnerable, prompt investigation, prevent disappearance. (See Code G.)
- Caution must be given on arrest unless impractical.
Section 32 — Search upon arrest
Permits search of an arrested person (away from a station) and any premises they were in at the time of, or immediately before, arrest for evidence of the offence.
- Search of person — only to extent reasonably required to discover anything they might use to harm themselves/others, escape, or evidence.
- Search of premises — only for evidence of the offence arrested for.
- Outer clothing in public — full search must be at station / private place.