Police Station Procedure Flashcards
Q: What governs police station procedures?
PACE 1984 and Code C
Q: Who are PACE and the Codes of Practice intended to protect?
Intended to protect the basic rights of detained people.
Q: What does the Human Rights Act add?
The HRA makes it especially important to comply with PACE and the Codes because they are seen by the courts as representing the correct balance between the duty of police, on behalf of the state to investigate crime and apprehend criminals, and the rights of the private citizen.
Q: How can a breach of PACE impact the court’s decision?
A breach of a PACE code may affect the court’s view of the fairness of the evidence and potentially lead to evidence being rendered inadmissible.
Q: What is due process?
The idea that the state has all the power and resources and so has a duty to treat citizens fairly, particularly when their liberty is at stake and must comply with all the rules that have been put in place to ensure fair treatment.
Must bear in mind the presumption of innocence. Allegations have not yet been proven against them to the required standard under the law.
