Police and Criminal Evidence Act 1984: A Detective's Guide

Overview of the Act

The Police and Criminal Evidence Act 1984 (PACE) establishes the core framework for police powers and duties in England and Wales, alongside protections for suspects and the public during investigations. It governs key areas like arrest, search, detention, and evidence collection. The Act was introduced to balance the powers of law enforcement with safeguards for individuals, ensuring that evidence is collected fairly and legally admissible in court. For detectives, PACE is vital in regulating how investigations are conducted, ensuring that actions like searches, arrests, and interrogations adhere to legal standards, thereby avoiding the exclusion of evidence due to improper procedure.

Key Areas for Detectives

• Part II - Powers of Entry, Search, and Seizure (Section 8)
• Part II - Powers of Entry, Search, and Seizure (Section 17)

Part II - Powers of Entry, Search, and Seizure (Section 8)

Section 8 of PACE allows detectives to apply for a search warrant from a magistrate if they have reasonable grounds to believe that evidence related to an indictable offense is located on specific premises. The search warrant grants the police legal authority to enter the premises and seize evidence relevant to the investigation.

What a detective can do:

Under Section 8 of PACE, a detective can apply for a search warrant to enter premises and seize evidence related to an indictable offense. Once granted, the detective has the authority to search the premises specified in the warrant and seize any items identified as relevant to the investigation. However, they must ensure the search is focused and follows the limitations set by the warrant, such as only searching for items or evidence directly linked to the investigation.

Example:

A detective investigating a fraud case suspects that critical financial documents are hidden at a suspect’s office. Because access to these premises cannot be gained without legal authority, the detective applies for a warrant under Section 8.

How to proceed:

1. Prepare and application to the court. The detective must provide evidence to support the need for the search, specifying the premises and the type of evidence sought.
2. The application is submitted to a Justice of the Peace (magistrate) who reviews whether the grounds are reasonable.
3. If the magistrate is satisfied, a search warrant is issued. The warrant must state the premises, the objects of the search, and the reasons for its necessity.

Example Warrant:

WARRANT TO SEARCH PREMISES
Issued under Section 8 of PACE 1984
[Target Premises]: Office 123, Main Street
[Purpose]: To search for financial documents, including bank statements, invoices, and contracts related to fraudulent activities.
[Reason]: Based on ongoing investigations, it is believed that the suspect is storing incriminating financial evidence at the premises.
Issued by: [Magistrate’s Name]
Date: [Date]

Part II - Powers of Entry, Search, and Seizure (Section 17)

Section 17 of PACE gives detectives and police officers the power to enter premises without a warrant under specific circumstances, such as arresting a suspect, recapturing someone unlawfully at large, preventing serious harm, or preventing the destruction of evidence.

What a detective can do:

Under Section 17, a detective can enter premises without a warrant in specific urgent situations, such as making an arrest for an indictable offense, recapturing someone unlawfully at large, or preventing serious harm or the destruction of evidence. This power allows immediate action in pressing circumstances, but the detective must ensure the entry is justified and necessary, with detailed records maintained to explain the rationale for using this authority.

Example:

A detective is chasing a suspect in a drug trafficking case. The suspect runs into their home, and there is reason to believe they may destroy key evidence (e.g., drugs or financial records). The detective can enter the premises under Section 17 to make the arrest and secure the evidence.

How to proceed:

No warrant is needed! But there are strict rules of when this can be used:
Detectives can use Section 17 powers in emergency situations without having to seek a warrant from a magistrate. The situation must meet the specific conditions, such as making an arrest or preventing danger.
After entry, any action taken must be properly documented, including the reason for the urgency and the evidence seized.

Example Warrant:

Since Section 17 does not require a warrant, there is no warrant example, but detectives must follow protocols and report the reason for using the power.