When it comes to the statutory laws regarding the policing of this great nation of ours, The Police and Criminal Evidence Act 1984 (PACE) really is what you could call the Holy Bible. Nearly all aspects of everyday policing are covered under this Act of Parliament and if you were ever keen to ascertain exactly what is expected of your local police force – this really should be your first port o’ call.
So, what sort of aspects are covered under PACE? The first fundamental is the power of arrest that can be exercised by any police officer. This statute dictates exactly how the officer should carry out the arrest: including ensuring the person being arrested is fully aware of the reason why this is happening and the officer must also set out the full caution and their applicable rights and make sure that this is understood fully.
There are full regulations provided for under PACE that set out, in a stage-by-stage manner, exactly how the person that has been arrested should be treated. One of the most important rights to be informed to the arrestee is the fact that they are entitled to the services of a solicitor. If they are unable to afford such legal assistance, by law this will be provided for them free of charge.
The main role of the solicitor should be for them to ensure that their client has been treated 100% in accordance with the law. If they discover that any aspect of the arrest and/or detention has not been undertaken lawfully, this is grounds for action to be taken against the police and for any charges to be dropped.
PACE dictates the exact length of time that a person can be detained before a higher-ranking police officer would need to become involved or permission to detain for a longer period is sought from the local Magistrates’ court.
After a person has been arrested, they will be brought before the custody sergeant and it is at this time that they should be furnished with the full details of the regulations that are set out in PACE. This will inform the individual of all of their rights and notifies them of the total length of time that they can be detained, meal and refreshment breaks and sleeping arrangements.
If you were keen to find out more about the work involved as a police officer and exactly what is expected from the role, it would always be a very good idea for you to research the provisions of PACE beforehand. If you were able to relate back to this Act of Parliament in any initial interview for the police force, this would always be very much in your favour and it would prove how you have taken the initiative to do your research.
The Serious Organised Crime and Police Act 2005 (SOCPA) is a further Act of Parliament that sets out the way in which police officers should behave, however, PACE remains the main law in this area.
