อำนาจตำรวจ (PACE)
การหยุดและค้น การจับกุม การคุมขัง และการสอบสวนตาม PACE 1984
บทนำ
The Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice provide the core framework for police powers in England & Wales. PACE balances the need for effective law enforcement against the rights of suspects and the public. It governs stop and search (Code A), arrest (Code G), detention (Code C), identification (Code D), and the interviewing of suspects (Code E/F). Breach of PACE or its Codes can render evidence inadmissible under s.78.
In Brief
Police powers in England & Wales are governed by the Police and Criminal Evidence Act 1984 (PACE) and its eight Codes of Practice (A–H). Suspects can be detained for up to 24 hours without charge (extendable to 96 hours by magistrates). Detained persons have the right to free and independent legal advice (s.58 PACE) and to have someone informed of their arrest (s.56). Evidence obtained in breach of PACE may be excluded by the court under s.78. Stop and search requires reasonable grounds of suspicion under s.1 PACE.
หลักการพื้นฐาน
Stop and Search — Under s.1 PACE, a constable may stop and search persons or vehicles if they have reasonable grounds to suspect they will find stolen or prohibited articles.
Arrest — Under s.24 PACE (as amended), a constable may arrest without warrant anyone who has committed, is committing, or is about to commit an offence, if the arrest is necessary.
Detention — Suspects can be detained for up to 24 hours (extendable to 36 by superintendent, 96 by magistrates). Must be reviewed by custody officer.
Right to Legal Advice — Detained persons have the right to free and independent legal advice (s.58 PACE).
Interviews — Must be conducted in accordance with Code C; caution must be given; appropriate adult required for vulnerable suspects.
Identification — Code D governs identification procedures including ID parades, video identification, and fingerprinting.
Exclusion of Evidence — Under s.76 (confessions) and s.78 (general discretion), courts can exclude evidence obtained unfairly or through oppression.
Codes of Practice — Eight Codes (A-H) supplement PACE; breach does not automatically exclude evidence but is considered by the court.
กฎหมายสำคัญ
Police and Criminal Evidence Act 1984
Criminal Justice and Public Order Act 1994
คดีชี้นำ
Rice v Connolly
[1966] 2 QB 414
R v Samuel
[1988] QB 615
R v Aspinall
[1999] 2 Cr App R 115
สถานการณ์ทั่วไป
Stopped and searched without reason
An unlawful stop and search if the officer lacked reasonable grounds. Any evidence found may be excluded under s.78 PACE. Complain to the IOPC or bring civil proceedings for trespass to the person.
Denied access to a solicitor in custody
Breach of s.58 PACE. Access can only be delayed in very limited circumstances (serious arrestable offences). Evidence obtained during the delay may be excluded.
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Frequently Asked Questions
What are my rights if I am arrested?
On arrest, you must be told the reason for the arrest. At the police station, you have the right to have someone informed of your arrest (s.56 PACE), the right to free and independent legal advice (s.58 PACE), and the right to see the Codes of Practice. You must be cautioned: 'You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court'.
How long can the police hold me without charge?
The basic maximum detention period without charge under PACE 1984 is 24 hours. A police superintendent can extend this to 36 hours. Magistrates can authorise further detention up to 96 hours total. For terrorism suspects, up to 14 days' detention before charge is permitted under the Terrorism Act 2000. You are entitled to have the detention clock reviewed by a custody officer at regular intervals.
Do I have to answer police questions?
You have a right to silence — you are not obliged to answer police questions. However, if you later rely in court on facts you failed to mention when questioned, the court can draw an adverse inference under s.34 Criminal Justice and Public Order Act 1994. It is strongly advisable to consult a solicitor before deciding whether to answer questions. You must give your name and address if asked in certain circumstances (e.g. after a road traffic accident).
When can police stop and search me?
Under s.1 PACE 1984, a constable can stop and search a person if they have reasonable grounds to suspect they will find stolen articles or offensive weapons/articles for use in certain offences. Under s.60 Criminal Justice and Public Order Act 1994, a superintendent can authorise search powers in a specific area for up to 24 hours without requiring individual suspicion. The officer must provide their name, station, the reason for the search, and a record of the search.
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