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13 February 2026 / Matthew Hardcastle , Sandra Paul , Ed Cape
Issue: 8149 / Categories: Features , Criminal
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Keeping pace?

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Ed Cape, Matthew Hardcastle & Sandra Paul look back on 40 years of the Police and Criminal Evidence Act 1984
  • The Police and Criminal Evidence Act 1984 is 40 years old. When it was passed, it changed the face of crime investigation in England and Wales.
  • It expanded police powers but also recognised that the detention of suspects required close regulation.
  • Over the 40 years since the Act came into force, the position of suspects has been weakened by legislative changes, as well as the introduction of statutory charging, shifting police station design, the changing role of custody officers, and lack of research.

Most of the Police and Criminal Evidence Act 1984 (PACE 1984), particularly those parts governing police investigations and suspects’ rights, came into force 40 years ago, on 1 January 1986. Although enacted in 1984, the government, recognising the significant impact it would have in relation to the practice of lawyers, the police and the courts, delayed implementation in order to give time for the necessary structural

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NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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