9084 · 1.2.4
Police powers
**Police powers** (1.2.4) — cite **PACE sections** and **Codes of Practice**. Stop and search requires **reasonable suspicion** (*s1*); arrest needs **reasonable grounds** plus **necessity** (*s24* as amended by SOCPA 2005). In custody, **Code C** governs detention, review, and interviews. Suspects' rights — **legal advice** (*s58*), **silence** (with adverse inference under *s34 CJPOA 1994*), and **appropriate adults** for vulnerable detainees. Courts can exclude unfairly obtained evidence under **s.78 PACE**. The framework aims to balance **individual liberty** against effective investigation.
Need to know
What you need to know
- PACE 1984 codifies and standardises key police powers.
- It seeks to balance the powers of the state with the rights of the individual.
- The Act is supported by detailed Codes of Practice (A-H).
- A breach of the Codes can lead to the exclusion of evidence, making a fair trial impossible.
Explanation
Police powers
- PACE 1984 codifies and standardises key police powers.
- It seeks to balance the powers of the state with the rights of the individual.
- The Act is supported by detailed Codes of Practice (A-H).
- A breach of the Codes can lead to the exclusion of evidence, making a fair trial impossible.