Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, D and H) Order 2016 — House of Lords, 2017-01-19
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, this order, laid in draft before the House on 22 November 2016, will bring into effect three revised codes of practice issued under Section 66 of the Police and Criminal Evidence Act 1984, which I shall call PACE from now on: Code C, which concerns the detention, treatment and questioning of persons detained under PACE; Code H, which concerns the detention, treatment and questioning of persons detained under terrorism provisions; and Code D, which concerns the identification of suspects by witnesses and biometric data, for example, fingerprints, DNA and photographs. I will briefly describe what the PACE codes are, how these revised codes come before us today and outline the changes they introduce For England and Wales, the statutory provisions of PACE set out the core framework of police powers to detect and investigate crime, and require the Secretary of State to issue codes of practice. The eight accompanying codes of practice, A to F, do not create powers but provide rules and procedures for the police to follow when exercising their powers. Together, PACE and the codes establish important safeguards for individuals, which are designed to strike a balance between the need for police to have powers to tackle crime on the one hand and the need for safeguards for suspects and other members of the public on the other. In order to maintain this balance, we regularly update the codes—for example, as we change primary legislation—in the light of new decisions by the courts and to promote developments in operational policing practice The three codes before us today were published in draft format in March 2016 for statutory consultation in accordance with Section 67 of PACE. The consultation, which was also open to the public, ran for eight weeks, and the bodies that the Secretary of State is required to consult in accordance with Section 67(4) of PACE, and others, were invited to comment. These others included the Crown Prosecution Service, Liberty—I see the noble Baroness, Lady Chakrabarti, here today—Justice and the Youth Justice Board. The drafts, together with an invitation to the public at large to respond, were also published on GOV.UK. A total of 18 responses were received, which is normal for this type of consultation In accordance with Section 67 of PACE, the revised codes were laid before this House and in another place together with the draft order and Explanatory Memorandum. Yesterday, the order was approved in Committee in another place, and subject to the order being approved by this House, the three codes will come into force 21 days after the date the order is signed. The main revision to PACE Code C is to expressly permit the use of live-link communications technology for interpreters. The changes enable interpretation services to be provided by interpreters based at remote locations and allow access to be shared by forces throughout England and Wales. This will avoid interpreters having to travel to individual police stations, and improve the availability of interpreters for all languages. By reducing delays in the investigation, it will enable a more streamlined and cost-effective approach to the administration of justice. The revisions include safeguards for suspects to ensure, as far as practicable, that the fairness of proceedings are not prejudiced by the interpreter not being physically present with the suspect. The provisions therefore require the interpreter’s physical presence unless specified conditions are satisfied and allow live-link interpretation Revisions to Code C also reflect the amendment to PACE made by the Criminal Justice and Courts Act 2015 that defines a "juvenile" for the purpose of detention under PACE as someone under the age of 18, rather than under the age of 17. This resulted from a government review of the way in which 17 year-olds were treated under PACE and the codes. The review concluded that the age at which a person should be treated as an adult under PACE should be raised from 17 to 18. This accords with the age-related jurisdiction of youth courts and other criminal justice legislation applicable to children New provisions also support Section 38(6) of PACE, which requires juveniles who are not released on bail after being charged to be moved to local authority accommodation pending appearance at court. The revisions point out that the certificate given to the court in accordance with Section 38(7) must show why the juvenile was kept at a police station and require these cases to be monitored and supervised by an inspector or above. Separate measures in the Policing and Crime Bill ensure that outstanding provisions of PACE that continue to treat 17 year-olds as adults are amended New provisions in Code C permit an appropriate adult to be removed from interview if they prevent proper questioning. When a suspect who is a juvenile or a vulnerable adult is interviewed, the code requires that an independent adult, known as an "appropriate adult", be called to help. Their job is to help ensure that the suspect understands what is happening and why, and that they are able to exercise their rights and entitlements under PACE and the codes. These new provisions are necessary to ensure consistency with the existing provisions, which have been in Code H since 2006, and they are modelled on paragraph 6.9 of Code C concerning the removal of a solicitor from an interview if they prevent proper questioning. Before an appropriate adult can be removed, an additional safeguard in both codes requires the inspector or superintendent who is called on to determine whether they should be excluded to remind the adult about their role and advise them of the concerns about their behaviour. That advice, if accepted, would then enable the appropriate adult to remain The changes to Code C are mirrored in Code H, as applicable, for persons detained under terrorism provisions. This ensures consistency in the provisions that are common to both codes. In Code D, eye-witness and witness identification procedures are updated to take account of significant changes and developments in case law and police practice, and to address operational concerns raised by the police. Revised video identification provisions clarify and confirm the identification officer’s discretion to use "historic" images of the suspect; to regulate the presence of solicitors at witness viewings; and to direct others—police officers and police civilian staff—to implement any arrangements for identification procedures. The investigating officer’s responsibility concerning the viewing of CCTV and similar images by a witness other than an eye-witness is also clarified Other revisions to Code D reflect amendments made by the Anti-social Behaviour, Crime and Policing Act 2014 to PACE concerning the retention of fingerprints, DNA profiles and samples. Revisions to all three codes also highlight the need to check all sources of relevant information in order to establish a detainee’s identity; enable officers to use electronic pocket books and other devices in order to make records required by the Codes; clarify those who are not eligible to act as the appropriate adult for children under 18 and for mentally vulnerable adults; and highlight the requirement under Section 31 of the Children and Young Persons Act 1933 to separate children from adult detainees in police stations and other places of detention by including a link to College of Policing guidance on this matter Minor typographical and grammatical corrections have been made, and out-of-date references updated The revisions strike a balance between the need to safeguard the rights of suspects while supporting the operational flexibility of the police to investigate crime. They are being introduced to bring codes C, D and H in line with current legislation and to support operational police practice. The revised codes provide invaluable guidance to both police and the public on how the police should use their powers fairly, efficiently and effectively. I commend the order and urge noble Lords to support it.