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Search for press releasesReview of the police and criminal evidence act will cut police bureaucracy
28 August 2008
A review of plans to streamline police powers in order to cut red tape, improve efficiency, and protect the rights of the public was set out today by Home Office Minister Tony McNulty.
Measures in the review of the police and criminal evidence act (PACE) (new window) include reducing bureaucracy and increasing accountability on stop and search, simplifying pre-charge bail and speeding-up the interviewing of juveniles.
The proposals come after a consultation found that PACE is valued and endorsed by the public and police.
PACE is key
The consultation board – which included the Association of Chief Police Officers, Association of Police Authorities, and the Police Federation – emphasised that PACE is a key element in:
- protecting the rights of the individual from arbitrary interference when they come into contact with the police
- providing police officers and staff with a set of rules and procedures which protects them in their contact with the public
- minimising challenges in court on investigation and evidence gathering
- providing a tried and trusted approach which has support across the criminal justice system.
Tony McNulty's statement
Home Office Minister Tony McNulty said: 'We are determined to keep our streets safe, by taking knives off the streets, dealing with wider issues of youth crime, tackling the continuing challenges of drugs and organised crime, and of course the fight against terrorism.
'Through PACE we have sought to further reduce police bureaucracy, making sure that the public feel confident with police accountability while at the same time ensuring that the police have the power to carry out their key duties on the frontline.'
Key changes
Through the PACE review, the Home Office is seeking to further reduce police red tape through some key changes.
Bail
Pre-charge bail provisions are in both PACE and the bail act 1976. It has become confusing and complex, and there are enforcement gaps. We are looking to place all pre-charge bail into the PACE structure, and provide a common basis for granting or refusing bail, attaching conditions, enforcing conditions and dealing with those who fail to answer bail.
Stop and search
The use of hand-held computer technology is revolutionising the way police operate. We have shown that in the case of stop and search, written records can be replaced by a receipt from a hand-held computer.
Savings in police time will range from around 25 minutes to six minutes for each stop. Given that around 800,000 stop and searches take place each year, the benefits are considerable.
Combined with the work we are proposing on 'stop and account' – there were around 1.8m incidents in the last reporting year – the reduction in bureaucracy and the benefits in community confidence and public accountability is impressive.
Questioning after charge
There are operational demands on the police for further questioning after referral to the criminal prosecution service, and clarity is needed on when questioning can occur. Because of that, we propose that questioning after charge or after a decision to refer to the prosecutor should be subject to the needs of the investigation and prosecution process.
Inferences could be drawn from those interviews if cases proceed to court. The proposals would provide the power to conduct further questioning as a bail condition, as well as the power to arrest and detain for the purpose of such questioning.
Detention
The power to extend detention from 24 hours to 36 hours must currently be granted by a superintendent, who must do so in person.
We propose that such reviews should be allowed remotely (by telephone or video link). We also propose to allow officers ranked as inspectors or above to grant the extensions.
The authorisation sits better with the role inspectors have as operational custody managers. Superintendents have a statutory function under PACE as arbiters of all disputes in custody.
Healthcare
As around 60% of those in custody suffer from acute or chronic health conditions, or mental health problems, or both, the early intervention of the appropriate person, with the appropriate skills, and at the appropriate place is essential.
Our aim is to ensure that the NHS provides equivalent care in the police station as would be expected outside the station. The needs of the criminal justice system must be met but we must also find ways to reduce risk to officers, staff and detainees. We must also help reduce re-offending and ensure that chief officers have access to the right level of physical, mental and forensic services for those who come into contact with the police.
Appropriate adults
Currently parents or guardians are the first call if a juvenile is held in custody. This can often result in delays while they decide whether or not to attend. When they do arrive, there is concern that some of them may not understand the custody process, or be able to provide support for detainees.
We propose parents or guardians should still attend, but the interview and investigation process should not be delayed until their arrival. Instead, a suitable, capable and trained appropriate adult should attend the police station within specified time limits.
Notes for editors
- PACE and the accompanying codes of practice deal with contact between the police and the public in the exercise of police powers to stop and search; to arrest; to search premises and to seize evidence; the detention, treatment, questioning and identification of suspects; and recording of interviews. They set out the police powers to deal with crime and the investigative and enforcement processes while setting down safeguards and protections for members of the public.
- The PACE review is the final element of the public consultation process. Initial consultation in spring 2007 received just over 200 responses and some 700 detailed suggestions for change. These views have been combined with the outcome of bilateral meetings with stakeholders and the work of the PACE Review Board. Membership of the Board was largely drawn from external stakeholders. The process found strong support across the criminal justice system for retaining the existing legislative framework. The consultation focuses on revising processes and procedures with the aim of freeing up officer time and reducing bureaucracy, while enhancing accountability and safeguards.
- Details of membership, the earlier consultation process and the review paper can be found at on the Home Office Police website (new window).
