Revised PACE codes of practice: C and H

This consultation runs until Wednesday 25 September 2013.

Each draft has a covering note and detailed table outlining all the changes and their purpose with links to the paragraphs concerned. The changes to the Codes and reasons for the changes are summarised below.

Proposed changes to Codes of Practice C (Detention) and H (Detention – Terrorism)

The draft changes to the codes have been made in order to:

• comply with the Divisional Court judgment in HC v The Secretary of State for the Home Department and the Commissioner of Police of the Metropolis.
• implement the EU Directive on the right to interpretation and translation in criminal proceedings

HC judgment

In the judgment, the court held that PACE Code C must be amended so that 17-years-olds were not treated in the same way as adults aged 18 and over.

The changes apply the safeguards in codes C and H currently applicable to juveniles (aged 16 or under) to 17-year-olds except in relation to primary legislation which cannot be extended to 17-year-olds unless it is amended by Parliament.

The main effect is to require an appropriate adult be called to help a 17-year-old and for a person responsible for the welfare of the 17-year-old (such as a parent or guardian) to be informed of their status as a detainee.

EU Directive 2010/64

The EU Directive came into force on 20 October 2010 and is required to be implemented in UK law by 27 October 2013. To comply with the directive, the changes include a new requirement for suspects to be provided with a written translation of certain ‘essential’ documents. Such documents are those concerning decisions to deprive a person of their liberty by keeping them in police custody and documents which set out any offence for which they are charged or reported.

A number of other minor changes have been made in the interests of legal accuracy and to reflect current practice.

Next steps

These drafts are being circulated for consultation in accordance with section 67(4) of PACE.

Please email your responses to: pacereview@homeoffice.gsi.gov.uk