PACE 1984 (4981_14)

Request

Police and Criminal Evidence Act (1984)

Please can you let me know how your Constabulary views the status of the above Act and Codes of Practice

a) As a Constabulary do you view PACE as binding legislation which must be complied with by all police officers.

Or

b) Should each individual officer in your Constabulary calculate a balance between the interests of the community and the rights and liberties of the individual citizen who becomes a suspect as set out in the Phillips Royal Commission [1977 – 1981]

If your Constabulary subscribes to personal interpretation of the Phillips Report rather than adherence to PACE and its codes of practice

a) how does your Constabulary ensure consistency between cases?

b) how does your Constabulary’s professional standards department deal with complaints alleging breaches of PACE.

c) What would be the response if a breach of PACE were proven and how would you deal with it?

Whatever your Constabulary’s view of the status of PACE and its codes of Practice would you expect your Professional Standards Department to justify the actions of police officers by reference to the Phillips Report?

Response

Please note that The Freedom of Information Act applies to recorded information and therefore we are unable to supply opinions or to comment on events unless those opinions or comments are already recorded.

Any breach of PACE will be dealt with on its own facts in accordance with the relevant legislation contained in the Police (Complaints and Misconduct) Regulations 2012 and the Police (Conduct) Regulations 2012, as well as considering Statutory Guidance for dealing with complaints against the police provided by the Independent Police Complaints Commission under the Police Reform Act 2002.

Any complaint against the police, including complaints of breaches of PACE, will be dealt with on its own facts in accordance with the relevant legislation contained in the Police (Complaints and Misconduct) Regulations 2012 and the Police (Conduct) Regulations 2012, as well as considering Statutory Guidance for dealing with complaints against the police provided by the Independent Police Complaints Commission under the Police Reform Act 2002.

PSD would not refer to the Phillips report (which pre dates the legislation) but rely on the actual legislation and codes of practice that relate to it.

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