PACE
The Police and Criminal Evidence Act 1984 has enhanced the investigative process. Discuss.
This essay will discuss problems within the investigative process prior to The Police and Criminal Evidence Act 1984 (PACE). It will then go into detail as to when and why the Police and Criminal Evidence act was introduced and the codes entailed in it. Furthermore, it shall explain the advantages of the Police and Criminal Evidence Act being introduced and how it may have helped the investigative process including cases, as well as any disadvantages it may have caused, ending up with a clear conclusion of what the Police and Criminal Evidence Act is and whether or not it has helped or hindered the investigative process.
Prior to the Police and Criminal Evidence Act 1984, police powers were not set in stone throughout the country, and those that were being used were made from a wide variety of different common and statutory law sources, leaving it to be uncertain. This led to the recognition of inconsistent police practice and left it open for potential injustice to occur (Mallenson, 2007).
Historically, the police had the trust of public as they were just seen as ‘citizens in uniform’ (Mehra, 2011). However, over the years, the public started to have growing concerns over the police effectiveness and whether or not they were doing what they should be (Matthews & Young, 2013).
In 1972, the murder of Maxwell Confait came before the courts. Two were convicted of the crime. A report was taken out by Sir Henry Fisher into the inquiry of system failures within the conviction process. The main issue was that of the police investigative processes which were put to blame for the miscarriages of justice this case (Newburn, Williamson & Wright, 2007). The Fisher report raised questions between administrative inquires and the judicial system, however, the report was not just an inquiry about facts of the law, but also a plan for change within the law (McBarnet, 1978).
This essay will discuss problems within the investigative process prior to The Police and Criminal Evidence Act 1984 (PACE). It will then go into detail as to when and why the Police and Criminal Evidence act was introduced and the codes entailed in it. Furthermore, it shall explain the advantages of the Police and Criminal Evidence Act being introduced and how it may have helped the investigative process including cases, as well as any disadvantages it may have caused, ending up with a clear conclusion of what the Police and Criminal Evidence Act is and whether or not it has helped or hindered the investigative process.
Prior to the Police and Criminal Evidence Act 1984, police powers were not set in stone throughout the country, and those that were being used were made from a wide variety of different common and statutory law sources, leaving it to be uncertain. This led to the recognition of inconsistent police practice and left it open for potential injustice to occur (Mallenson, 2007).
Historically, the police had the trust of public as they were just seen as ‘citizens in uniform’ (Mehra, 2011). However, over the years, the public started to have growing concerns over the police effectiveness and whether or not they were doing what they should be (Matthews & Young, 2013).
In 1972, the murder of Maxwell Confait came before the courts. Two were convicted of the crime. A report was taken out by Sir Henry Fisher into the inquiry of system failures within the conviction process. The main issue was that of the police investigative processes which were put to blame for the miscarriages of justice this case (Newburn, Williamson & Wright, 2007). The Fisher report raised questions between administrative inquires and the judicial system, however, the report was not just an inquiry about facts of the law, but also a plan for change within the law (McBarnet, 1978).