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Home Office circular 041 / 2004

POLICE AND CRIMINAL EVIDENCE ACT 1984: REVISED CODES OF PRACTICE 2004 & POLICE STATION LEGAL ADVICE AND ASSISTANCE

  • Broad subject: Police Service
  • Issue date: Tue Jul 13 00:00:00 BST 2004
  • From:
    CRIME REDUCTION & COMMUNITY SAFETY GROUP Police Leadership & Powers Unit
  • Linked circulars:
    No Linked Circulars
  • Copies sent to:
    Chief Officers of Police,(England and Wales),Clerks to the Police Authorities ,The Chief Clerk of the Crown Court,The Chief Crown Prosecutor ,The Circuit Administrator,The Clerk to the Justices ,The Court Administrator,The Justices' Clerks' Society ,The Law Society,Director General,National Crime Squad ,The General Council of the Bar,The Institute of Legal Executives
  • Sub category: Operational Policing
  • Implementation date: Sun Aug 01 00:00:00 BST 2004
  • For more info contact:
    Neil Curtis 020 7035 5080 Tim Maile 020 7035 5053
  • Addressed to:
    All Chief Officers in England and Wales

Dear ColleaguePOLICE AND CRIMINAL EVIDENCE ACT 1984: REVISED CODES OF PRACTICE AUGUST 2004

1. Revised Codes of Practice A - E will come into force on 1 August 2004. In addition, Code F has been incorporated into the booklet. This Circular indicates the main areas of change to the codes

2. Annex A identifies the detailed changes made from the April 2003 edition, which primarily reflect the new provisions implemented under the Criminal Justice Act 2003. The other key issues are:

  • Code A has been amended to implement recommendation 61 of the Lawrence Inquiry Report requiring police and community support officers to record all stops including non-statutory or voluntary stops. The Home Secretary has set and end date of 1 April 2005 by which all forces must record stops.
  • Visual recording of interviews - there is no statutory requirement on police officers to visually record interviews with suspects. However, in cases where these facilities exist, individual forces should consider the application of Code F where a visual recording takes place.
  • Incorporation into Code C of the provisions in section 17 (previously contained in S.I. 704/2003), relating to testing persons in police detention (aged 18 and over) for specified Class A drugs. The revised content of these provisions reflects changes introduced by section 5 of the Criminal Justice Act 2003, which extends drug testing for specified Class A drugs to those aged 14 and over. Please note that these provisions apply only in those police areas listed in Annex I (for persons aged 18 and over) and Annex J (for persons aged 14 and over) of Code C and that testing in the case of those aged 14-17 is also subject to separate notification by the Secretary of State to the relevant chief officer.

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3. Forces should have already received copies of the notice to detained persons in printed translation and audio tape formats. These were sent out to chief officers on 2 June 2004.

4. All documents are on http://www.homeoffice.gov.uk/crimpol/police/system/pacecodes.html
This includes the revised Codes and a copy of the table of changes. In addition, it also provides direct links to the Home Office Circulars relevant to the changes.

5. We need a more structured approach to revising the PACE Codes. This includes a realistic timetable to allow training and familiarisation which are key elements in effective delivery. We are looking to set up an agreed review structure aimed at enhancing processes on consultation, engagement, training and implementation. We will be circulating more information on this shortly and seeking views from stakeholderas and practitioners.

6. We have already established a Register to record all suggestions made to amend the Codes. This will provide the basis for future revision. Changes/ suggestions from organisations or individuals are welcome and should be sent to Tim Maile (tim.maile@homeoffice.gsi.gov.uk). The Register will be published on the Codes webpage.

7. The published Codes will be available from the Stationary Office under ISBN 0-11-341294-0 price £12.50. A discount has been negotiated on all purchases by police forces. We have arranged distribution of 12,000 copies to commence from 16 July. The cost will be met by Home Office. The publication will include a CD-ROM including the six Codes and the 38 language translations of the Notice of Rights and Entitlements. Copies of the Welsh language versions of the Codes will also be made available.


Alan Brown
Police Leadership and Powers Unit
Home Office

28 April 2004

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