WIREDGOV

Review of the police and criminal evidence act will cut police bureaucracy

HOME OFFICE News Release (153/2008) issued by The Government News Network on 28 August 2008

A new streamlining of police powers for frontline officers to cut red tape, improve efficiency and protect the rights of the public was set out by Home Office Minister Tony McNulty today.

Measures in a review of the Police and Criminal Evidence Act (PACE) 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 which found that PACE is valued and endorsed by the public and police.

The consultation board - which included the Association of Chief Police Officers, Association of Police Authorities and the Police Federation - outlined that PACE is viewed as the key element in:

* protecting the rights and safeguards for 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 the investigation and evidence gathering processes; and

* providing a tried and trusted approach which has support across the criminal justice system.

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."

Through the PACE review published today, the Home Office is seeking to further reduce police red tape through the following key changes:

Bail: Pre-charge bail provisions are in both PACE and the Bail Act 1976. It has become confusing, 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 technology is revolutionising the way policing operates on the street. We have shown that in the case of stop and search, written records can be replaced by a simple receipt using hand held electronic devices where available. Savings in police time will be from around 25 minutes to 6 minutes per stop and search. With around 800,000 stop and searches each year, the efficiencies and opportunity benefits are considerable. Combined with the work we are proposing on stop and account - where there were around 1.8 million incidents in the last reporting year - the reduction in bureaucracy and the benefits in community confidence and public accountability is impressive.

Questioning After Charge: In the light of the operational demands on the police for further questioning after referral to the CPS, and to provide clarity on when questioning should cease or continue, we are proposing that questioning after charge or after a decision to refer to the prosecutor for a charging decision, will be subject to the needs of the investigation/ prosecution process. Inferences would be able to be drawn from these interviews should the case proceed to court. The proposals will also provide for a power to attach a bail condition to return to the police station for further questioning if required and to arrest and detain for the purpose of such questioning.

Detention: Extensions of detention from 24 hours to 36 hours currently must be granted by a Superintendent in person. We are proposing that such reviews should be capable of being carried out remotely (i.e. by telephone or video link) and, furthermore, that such extensions may be granted by an officer of the rank of Inspector or above. The authorisation by the lower rank sits better with the operational custody manager role of the Inspector as distinct from the statutory function of the Superintendent under PACE as the arbiter of all disputes in custody.

Healthcare: With around 60% of persons coming into custody suffering from acute or chronic health conditions or mental health problems or both, the early intervention of the appropriate person, with the appropriate skills and the appropriate place is essential. Our aim is to ensure that the NHS provides equivalence of care in the police station as would be expected outside the police station. The needs of the criminal justice system must be met but we must also seek ways to reduce risks to officers and staff and the detainee, help reduce re-offending and ensure that chief officers have access to the right level of physical, mental and forensic services for those coming into contact with the police.

Appropriate Adults: Currently parents or guardians are the first call if a juvenile is in custody. This can often result in delays whilst they decide whether or not to attend. When they do arrive, there is concern that some of those attending may not understand the custody process or be able to provide the appropriate level of support for the detainee. We are proposing that a parent or guardian is still requested to attend but that the interview and investigation process will not need to be delayed whilst awaiting their attendance. Instead, a suitable, capable and trained appropriate adult should attend the police station within specified time limits.

Notes for Editors:

1. 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 whilst setting down safeguards and protections for members of the public.

2. 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 consultation process has indicated strong support across the Criminal Justice System for retention of the existing legislative framework under PACE. The consultation paper therefore focuses on revising processes and procedures with the aim of freeing up officer time and reducing bureaucracy whilst enhancing accountability and ensuring proportionate safeguards are in placed effort the individual.

3. Details of membership, the earlier consultation process and the Review paper can be found at: http://police.homeoffice.gov.uk/operational-policing/powers-pace-codes/PACE-Review/.