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

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Presentation on theme: "Latest Revisions to the Police and Criminal Evidence Act 1984 Codes of Practice Presented by: Andy Derwent Date: 2 nd November 2013."— Presentation transcript:

1 Latest Revisions to the Police and Criminal Evidence Act 1984 Codes of Practice Presented by: Andy Derwent Date: 2 nd 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 27 th 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). 3

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). 4

5 EU Directive Required to be transposed into domestic law by 27 th 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. 5

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). 6

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

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

9 Any questions? 9


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