What is PACE?
PACE is the primary legislation governing police powers of stop and search, arrest, detention, and questioning. Its associated Codes of Practice (A–H) set out detailed procedures police must follow. Every person detained at a police station has rights under PACE — regardless of the offence alleged.
Key PACE rights for detainees
- The right to have someone informed of your arrest
- The right to consult a solicitor privately and in person
- The right to be told the reasons for your arrest and detention
- The right to see the Codes of Practice
- The right to an interpreter if you do not speak English
- The right to medical attention if needed
- The right to regular rest breaks and adequate food and water
Time limits on detention
- Initial detention: up to 24 hours without charge for most offences
- Superintendent's extension: up to 36 hours for indictable offences
- Magistrates' court warrant: up to a further 60 hours (total 96 hours) for serious offences
- Terrorism offences: different regime under the Terrorism Act 2000
Consequences of PACE breaches
Where police have breached PACE or the Codes of Practice, evidence obtained as a result may be excluded under s.78 PACE. We scrutinise police procedures in every case and will apply to exclude improperly obtained evidence — including confessions, identification evidence, and items found in unlawful searches.
Frequently asked questions
The Police and Criminal Evidence Act 1984 (PACE) is the primary legislation governing police powers to arrest, detain, search, and interview in England and Wales. It also sets out suspects’ rights and the safeguards that must be observed. Breaches of PACE can render evidence inadmissible.
Evidence obtained in breach of PACE may be excluded at trial under s.78 PACE if admitting it would have an adverse effect on the fairness of proceedings. Serious breaches of PACE can also form the basis of a complaint to the Police, Crime, Sentencing and Courts Act 2022 oversight bodies or civil action.
Your detention must be reviewed by an inspector at 6 hours after it was first authorised, then every 9 hours thereafter. The review officer must consider whether continued detention is necessary and proportionate. We monitor this throughout your detention.
Yes. Complaints about police conduct can be made to the Professional Standards Department of the relevant force or to the Independent Office for Police Conduct (IOPC). We advise on making complaints and can assist with civil claims where the conduct amounts to false imprisonment or assault.