“PACE has repeatedly been amended & in many places is difficult to follow.”

@edcape.bsky.social, @matthardcastle.bsky.social & Sandra Paul trace 40 years of shifting police powers, changing bail regimes & the growing pressures on defence lawyers.

📖 hi.switchy.io/kTVE

#CriminalJustice #LagMag

We're excited to announce that the #NewEdition of Ed Cape's Defending Suspects at #PoliceStations publishes on December 1. Trusted, relied on and iconic - what a book!

Pre-order your print copies now www.lag.org.uk/?id=216837 (ebook available to order from 1/12)

#AccesstoJustice

🚓 Police station update:

@edcape.bsky.social , @matthardcastle.bsky.social and Sandra Paul unpack key developments on arrest, detention, the right to silence, police decision-making, and electronic keys.

📚 Read more in October’s Legal Action - Available to subscribers www.lag.org.uk/subscriptions

Case on access to electronic data R v AB and CD [2025] EWCR 3 www.bailii.org/cgi-bin/form... - it is not necessary to caution a suspect when asking for a PIN to an electronic device, even if the suspect is a child. Note that it is a Crown Court decision.

Another case, R v CC at Woolwich bailii.org/ew/cases/EWHC/… which is an example of an increasing need for detail in prepared statements. See particularly paras 16, 63, 70, 71 and 78.

Police station: update

@edcape.bsky.social @uwebristolofficial.bsky.social, @matthardcastle.bsky.social and Sandra Paul (Kingsley Napley) outline important policy and guidance developments, and an important case on the right to silence, as well as other cases of interest.

But not necessarily a reasonable belief Carter v CC Essex Police [2025] EWCA Civ 367 www.bailii.org/cgi-bin/form...

In order to exercise their power under PACE s54(4)(a) to seize clothes and personal effects of a detained person, the custody officer must actually have relevant belief (eg that detainee may use them to injure self or others)

(2/2) prosecution does not have to show that officers acting in the lawful execution of their duty. Also, judge applied the incorrect test for assessing lawfulness of arrest. DPP v Price and Darby [2024] EWHC 2864 (Admin)

Case concerning assault on police officers. If person charged with assault on emergency worker under Assaults on Emergency Workers (Offences) Act 2018 rather than assault on police officer in the execution of their duty under Police Act 1996 s89(1) (1/2)

The Autumn 2024 police station webinar for LAG is marking 40 years since the Police and Criminal Evidence Act was enacted. You can find details, and booking, here - www.lag.org.uk/events/ticke...

Disturbing report on police strip-searching of children by Children's Commissioner. A child is strip-searched every 19 hours in England and Wales, and half of searches result in no further action - assets.childrenscommissioner.gov.uk/wpuploads/20....

Professor Anthea Hucklesby’s research into Pre-Charge Bail raise some challenging questions as to the current use of police bail. The findings include: (1) a weakening of checks and balances that ought to be in place for pre-charge bail; 1/3

www.birmingham.ac.uk/research/cen...