45:
1614:
1602:
1118:
813:
This section provides information about what should happen when a person attends a voluntary interview. Voluntary interviews are conducted similar to a person who has been arrested, albeit, they are arranged at a date, time and place after an offence has occurred, where arrest is either not possible
788:
It allows a member of the public to arrest a person in the act of committing an indictable offence or that they reasonably suspect is committing an indictable offence, as well as a person guilty of an offence or who the member of the public reasonably suspects to be guilty of committing the offence.
687:
This section provides that police have a general power of seizure, if they are lawfully on a premises. They may seize anything they reasonably believe has been obtained as a result of an offence having been committed (e.g. stolen property or drugs) and that it is necessary to seize it to prevent its
1040:
IPCC Investigation 2012/011560 - A breach of Code C of PACE occurred in 2012 when a vulnerable 11-year-old girl Child H with a neurological disability similar to autism who was denied an appropriate adult at
Crawley Police Station, after she was arrested in Horsham on 4 separate occasions for minor
696:
This section provides that police may retain an item seized under section 19 as long as they require, so long as it is necessary in 'all the circumstances', such as for evidence at court, for further investigation, e.g. forensic examination or to ascertain the lawful owner of the item (if there are
62:
An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief
937:
deals with the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest. It also deals with the need for a police officer to make a record of such a stop or encounter. On 1 January 2009, Code A was amended to remove lengthy stop and account
669:
This section provides that a constable may enter the premises of a person who has been arrested for an indictable offence, if they reasonably suspect that there is evidence that relates to the offence they have been arrested for or another indictable offence, connected with or similar to that
846:
The search can only be conducted if the constable reasonably believes that the arrested person may present a danger to themselves or others, allowing a constable to search them for items that may assist them from escaping from 'lawful custody' or that may be evidence relating to an offence.
252:
In 1981, the Royal
Commission reported how stop and search powers had been used in an 'unsatisfactory' manner. The report proposed that across England and Wales, there should be powers and safeguards that were uniform, with the aim being to reduce the level of searches that were random and
1037:(2018) Mr. Miller's conviction for drug driving was revoked because West Midlands Police had breached Code C of PACE by not providing an appropriate adult, despite him telling officers that he had Asperger's syndrome and being aware from his previous interactions that he had Asperger's.
277:
Criminal liability may arise if the specific terms of the Act itself are not conformed to, whereas failure to conform to the codes of practice while searching, arresting, detaining or interviewing a suspect may lead to evidence obtained during the process becoming inadmissible in court.
238:
The
Scarman report found that black people were having 'stop and search' powers disproportionately used against them. A notable example of this was at the 1976 Notting Hill Carnival, where there was a perceived threat of 'black' crime, resulting in the police justifying using 'sus' laws
834:
For example, it may be that a person is initially arrested on suspicion of theft from a shop, where CCTV later emerges whilst they're in custody of them stealing from another shop before their arrest. Subsequently, they would be arrested for that previous shoplifting.
155:
to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home
Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in
355:
Telephones) and about seventeen others also have a statutory right of entry. One intent of PACE and its successors is to prevent the abuse of this right, or remove it entirely, to balance the privacy of the individual against the needs of the State.
929:
announced a joint review of PACE and its codes of practice in May 2002, and on 31 July 2004, new PACE Codes of
Practice came into effect. Following a further review in 2010, PACE Codes A, B and D were re-issued to take effect on 7 March 2011.
850:
If a person has been arrested for an indictable offence, then the officer may enter and search any premises they were in immediately before they were arrested, to search for evidence in relation to the offence they have been arrested for.
821:
The section explains that a person must be told that they are able to leave the interview at any time (unless they are arrested) and that if a police officer decides to arrest them, the person must be informed that they are under arrest.
512:
That it isn't practicable for police to gain entry by communicating with a person who can provide them access or that they could, but doing so wouldn't be practicable (e.g. a person may destroy evidence if they were aware of the police's
673:
A constable cannot use this power unless authorised by an officer at the rank of
Inspector or above. This authorisation may be at the time or afterwards, where a constable must inform an authorising officer 'as soon as practicable'.
688:
concealment, loss, damage, alteration or destruction (e.g. drugs being hidden and therefore evidence being lost). This does not include items of legal privilege, even if an officer believes that seizure would guarantee its safety.
830:
This section provides that whilst a person has been arrested and is at a police station regarding that offence and another offence is discovered that he would be arrested for, a constable shall arrest him for that other offence.
1026:(1997), the courts held that the entry of a premises under section 17 PACE to arrest O'Loughlin's wife for criminal damage was unlawful because under PACE, anyone present on the premises must be given the reason for entry.
544:
Arresting a person 'unlawfully at large', who is liable to be detained in prison, young offender institution, secure training centre or college or arresting a child or young person guilty of 'grave crimes' (s260 Sentencing
269:
seized from those searches, and the treatment of suspects once they are in custody, including being interviewed. Specific legislation as to more wide-ranging conduct of a criminal investigation is contained within the
200:(AA) in England and Wales. It describes the AA role as "to safeguard the rights, entitlements and welfare of juveniles and vulnerable persons to whom the provisions of this and any other Code of Practice apply”.
872:
The custody officer may seize and retain any of the items. Clothes and other personal items may only be seized if the custody officer believes the person they are seized from may use the clothing or items to:
264:
Although PACE is a fairly wide-ranging piece of legislation, it mainly deals with police powers to search an individual or premises, including their powers to gain entry to those premises, the handling of
817:
Despite being called a 'voluntary' interview, a person could be subject to arrest if they fail to attend the interview, as the purpose of such an interview is to assist police with their investigation.
310:
Despite its safeguards, PACE was extremely controversial on its introduction, and reviews have also been controversial, as the Act was thought to give considerable extra powers to the police.
1070:
616:
161:
1204:
307:. Any person with a duty of investigating criminal offences or charging offenders is also required to follow the provisions of the PACE codes of practice as far as practical and relevant.
843:
This section provides that a constable, having established reasonable grounds, may search an arrested person, in any place other than a police station (this is covered by s54 PACE 1984).
499:
This section provides that a constable can make an application for a warrant to a justice of the peace to enter and seize items from a premises, on the reasonable grounds they believe:
893:
An arrested person must be told the reason for items being seized, unless they are violent or likely to become violent or are incapable of understanding information explained to them.
249:
In 1979, the government appointed a Royal
Commission on Criminal Procedure, with Sir Cyril Phillips noting that in the 20th century, no review had been complete of police processes.
797:
This section provides that when a person is arrested, as soon as it is 'reasonably practicable', they should be provided with information regarding their arrest. This includes:
785:(however, the term later became inapplicable, following the Serious Organised Crime & Police Act 2005, which 'abolished the statutory concept of the "arrestable offence"').
869:
This section provides that a custody officer at a police station is responsible for ascertaining all the items an arrested person has on them, with these items being recorded.
964:
concerns the main methods used by the police to identify people in connection with the investigation of offences and the keeping of accurate and reliable criminal records.
1606:
1645:
1475:
1665:
1618:
271:
256:
The purpose of PACE was to unify police powers under one code of practice and to balance carefully the rights of the individual against the powers of the police.
1655:
463:
456:
242:
Furthermore, high-profile miscarriages of justice, including three innocent youths being imprisoned for allegedly murdering a mixed-raced male prostitute named
1153:
1015:(1999), the search of Osman was held to be unlawful because the officers searching him did not give their names and station, contrary to PACE's requirements.
804:
The ground of the arrest (for example, telling a person that CCTV had caught them stealing an item from a shop, giving the 'ground' of the arrest for theft).
781:
This section provides that a person who is not a constable (such as a member of the public), can arrest a person, in certain circumstances. This relates to
289:
101:
1670:
758:
Committing an offence against public decency (if members of the public going about 'normal business' cannot 'reasonably be expected to avoid the person')
633:
Failing to have control or be in charge of any vessel or boat to prevent the introduction of rabies into Great
Britain (s61(2)(b) Animal Health Act 1981)
602:
516:
That police won't gain entry unless a warrant is issued or the purpose of the search would be interrupted unless they can enter the premises immediately
1404:
Crim LR 588) and council officers. However such a duty is not owed by DTI inspectors appointed under sections 432 and 442 of the
Companies Act 1985 (
509:
The evidence doesn't include items subject to legal privilege, excluded material or special procedure (e.g. letters between a person and a solicitor)
1675:
1056:
was lawful, although deception had been utilised to gain entry, and, upon entering, the police had not identified themselves or shown the warrant.
890:
The custody officer may also seize an item if they have reasonable grounds to believe that the item may be evidence that relates to an offence.
1190:
68:
227:, which developed 'sus' laws. These powers allowed police to stop a person found 'loitering' in a public place, if they suspected they had an
1459:
1660:
105:
63:
constable; to amend the law relating to the Police
Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.
1283:
322:
300:
189:, "which mean that there is now a presumption that suspects who are released without charge from police detention will not be released on
1685:
1392:(1994) 159 JP 18), commercial investigators when interviewing an employee (Twaites and Brown (1990) 92 Cr App R 106), store detectives (
700:
This section does not allow for any items seized for a person that is not evidential to be retained when they are no longer in custody.
223:
Prior to the introduction of PACE, police relied on stop and search powers that were 'piecemeal'. Such powers included those within the
954:
sets out the requirements for the detention, treatment and questioning of people in police custody by police officers. It replaced the
377:
Notably, Section 1 outlines that a constable has a power to search any person or vehicle for stolen or prohibited articles, including:
1397:
636:
Moving any animal into, within or out of a place or area to be declared to be infected with rabies (s61(2)(c) Animal Health Act 1981)
1518:
486:
Part II of the Act relates to the police's powers in relation to entering and searching a location, as well as the seizure of items
736:
The section provides that a constable must have reasonable grounds to believe that it is necessary to arrest a person in order to:
281:
PACE also introduces various Codes of Practice, one of the most notable being an arrest without warrant can only be lawful if the
622:
The landing or attempted landing of any animal (or importation or attempted importation through the tunnel system defined in the
171:
49:
506:
There is material on the premises with substantial value to the investigation of that offence and that evidence is also relevant
535:
1041:
offences between February and March 2012. Sussex Police referred the complaint to IPCC and accepted the IPCC recommendations.
639:
Failing to attend a police station at a specified time to answer bail (s30D(1) or (2A) Police and Criminal Evidence Act 1984)
434:
217:
1308:
1650:
1570:
595:
557:
Arresting any child or young person who has been remanded (whether to local authority accommodation or youth detention)
1433:
186:
651:
Child suspected of breaking conditions of remand (s97(1) Legal Aid, Sentencing and Punishment of Offenders Act 2012)
385:
1093:
1254:
1167:
534:
Executing a warrant in relation to criminal proceedings or enforcing the payment of sums (contrary to s76 of the
299:
PACE is applicable not only to police officers but to anyone with conduct of a criminal investigation including
126:
1221:
438:
626:
of any animal) that has been prohibited to prevent the introduction of rabies into Great Britain (s61(2)(a)
623:
609:
404:
948:
deals with police powers to search premises and to seize and retain property found on premises and persons.
939:
627:
216:
were key factors in the passage of the Act, which was brought in following recommendations set out by the
179:
170:
PACE also sets out responsibilities and powers that can be utilized non-sworn members of the Police i.e.
585:
578:
571:
564:
395:
333:
318:
175:
57:
409:
1381:
1369:
1357:
530:
This provides that a constable can enter a premises under the following circumstances, if they are:
282:
160:
and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the
782:
352:
1456:
1339:
1065:
293:
130:
119:
608:
Offences relating to the prevention of harm to animals (s4, 5, 6(1) and (2), 7 and 8(1) and (2)
336:
without reason, but the Inland Revenue did not. PACE and its subsequent enactments limits that.
17:
1514:
445:
224:
209:
197:
157:
152:
148:
83:
1421:
1331:
955:
713:
This section provides that a constable may arrest a person, without requiring a warrant if:
548:
Arresting (e.g. recapturing) a person unlawfully at large (e.g. escaped from lawful custody)
381:
1552:
1129:
769:
Allow the prompt and effective investigation of the offence or of the conduct of the person
1492:
1463:
452:
266:
243:
239:
inappropriately, including 'flooding' resources into the area. This resulted in violence.
1629:
1624:
1052:(1988), it was held that the police entry of a premises to execute a search warrant for
1140:
926:
645:
Failure to surrender to custody in accordance with a court order (s5B(7) Bail Act 1976)
428:
418:
329:
314:
304:
246:, as well the Birmingham Six showed there was a requirement for police accountability.
213:
1613:
1680:
1639:
1343:
394:(possessed in contravention of a prohibition imposed by fireworks regulations, e.g.
732:
A person the constable reasonably suspects is guilty of having committed an offence
495:
Section 8 - Power of justice of the peace to authorise entry and search of premises
340:
697:
reasonable grounds to believe the item was obtained as the result of an offence).
475:
Interference with use or operation of key national infrastructure (s7 PCSCA 2022)
1479:
970:
deals with the tape recording of interviews with suspects in the police station.
922:
292:. This replaced nearly all existing powers of arrest, including the category of
1601:
1335:
814:(due to necessity criteria not being made out), or on the officer's decision.
658:
642:
Failing to answer bail (s46A(1) or (1A) Police and Criminal Evidence Act 1984)
344:
167:. The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.
151:
which instituted a legislative framework for the powers of police officers in
1191:"The Criminal Purgatory – Release Under Investigation – is the end in sight?"
129:
as in force today (including any amendments) within the United Kingdom, from
1476:
Home Office Circular 032 / 2008 – Stop And Account: Amendment To Pace Code A
391:
325:(HMRC), HMRC essentially gained extra powers since Customs and Excise had a
1154:"Releasing suspects under investigation is having 'terrible consequences'"
570:
Offences relating to entering and remaining on property (s6 to s8 of the
348:
723:
The constable reasonably suspects a person is about to commit an offence
661:, to enter a location to deal with or to prevent a breach of the peace.
976:
deals with the visual recording with sound of interviews with suspects.
469:
Causing serious disruption by being present in a tunnel (s4 PCSCA 2022)
373:
Section 1 - Power of constable to stop and search persons, vehicles etc
326:
369:
Part I provides police powers to stop and search a person or vehicle.
1284:"A Critical Assessment of the Police and Criminal Evidence Act 1984"
726:
The constable reasonably suspects a person is committing an offence
1553:"Miller v Director of Public Prosecutions [2018] EWHC 262"
1053:
938:
recording procedures, requiring police to only record a subject's
424:
1309:"Police and Criminal Evidence Act 1984 (PACE) codes of practice"
1094:"Police and Criminal Evidence Act 1984 (PACE) codes of practice"
414:
190:
1222:"About Appropriate Adults - National Appropriate Adult Network"
729:
A person guilty of an offence, if an offence has been committed
648:
Person not likely to surrender to custody (s7(3) Bail Act 1976)
563:
Prohibition of uniforms in connection with political objects (
401:
Prohibited items (used in the commission of the offences of):
1168:"Released under investigation – What can and should be done?"
772:
Prevent prosecution being hindered by the person disappearing
332:
into a private dwelling, that is to say they were allowed to
174:, by members of the public or other government agencies e.g.
584:
Driving etc. when under the influence of drink or drugs (s4
1205:"Pre-Charge Bail and Release Under Investigation Procedure"
193:," a formality which was written in PACE 1984 Section 30A.
1071:
Police and Criminal Evidence (Northern Ireland) Order 1989
766:
Protect a child or other vulnerable person from the person
617:
Legal Aid, Sentencing and Punishment of Offenders Act 2012
162:
Police and Criminal Evidence (Northern Ireland) Order 1989
472:
Obstruction etc. of major transport works (s6 PCSCA 2022)
1386:
R v Director of the Serious Fraud Office, ex p. Saunders
1130:
https://www.legislation.gov.uk/ukpga/1984/60/section/24A
1044:
However, not all cases have gone against the police; in
1253:
Motoroffence.co.uk; Miller, Jeanette (21 August 2019).
860:
Part V - Questioning and Treatment of Persons by Police
809:
Section 29 - Voluntary attendance at police station etc
749:
Causing physical injury to themselves or another person
296:, with a new general power of arrest for all offences.
1384:. These include officers of the Serious Fraud Office (
980:
On 1 January 2006 an additional code came into force:
601:
Failure to comply with interim possession order (s76
1141:
https://www.legislation.gov.uk/ukpga/1984/60/part/XI
1119:
Part VI of the Police and Criminal Evidence Act 1984
777:
Section 24A - Arrest without warrant: other persons
125:
118:
111:
97:
92:
82:
77:
67:
56:
1255:"The Police and Criminal Evidence Act 1984 (PACE)"
386:item made, intended or adapted for use as a weapon
1088:
1086:
127:Text of the Police and Criminal Evidence Act 1984
1559:. British and Irish Legal Information Institute.
1499:. British and Irish Legal Information Institute.
1322:Spencer, J.R. (2007). "Arrest for Questioning".
991:On 24 July 2006 a further code came into force:
462:Causing serious disruption by tunnelling (s3 of
1571:"Recommendation - Sussex police, February 2016"
998:deals with the detention of terrorism suspects.
877:cause physical injury to himself or anyone else
709:Section 24 - Arrest without warrant: constables
793:Section 28 - Information to be given on arrest
761:Causing an unlawful obstruction of the highway
657:PACE did not effect a constable's power under
272:Criminal Procedures and Investigation Act 1996
482:Part II - Powers of Entry, Search and Seizure
457:Police, Crime, Sentencing and Courts Act 2022
8:
1422:Press Gazette: PACE review is 'wake-up' call
720:A person in the act of committing an offence
591:Failing to stop (s163 Road Traffic Act 1988)
541:Arresting a person for an indictable offence
526:Section 17 - Entry for purpose of arrest etc
339:Various other government agencies including
303:and to military investigations conducted by
32:
1466:under Police and Criminal Evidence Act 1984
290:Serious Organised Crime and Police Act 2005
102:Serious Organised Crime and Police Act 2005
1513:(4th ed.), p. 129. London: Hodder Arnold.
1388:Crim LR 837), trading standards officers (
665:Section 18 - Entry and search after arrest
615:Squatting in a residential building (s144
603:Criminal Justice and Public Order Act 1994
31:
683:Section 19 - General power of seizure etc
1577:. Independent Office for Police Conduct.
1402:Joy v Federation Against Copyright Theft
503:An indictable offence has been committed
285:contained within Code G of PACE is met.
1380:Police and Criminal Evidence Act 1984,
1368:Police and Criminal Evidence Act 1984,
1356:Police and Criminal Evidence Act 1984,
1210:. Greater Manchester Police. June 2020.
1082:
826:Section 31 - Arrest for further offence
594:Offences involving drink or drugs (s27
521:Entry and search without search warrant
288:PACE was significantly modified by the
1646:United Kingdom Acts of Parliament 1984
987:deals with statutory powers of arrest.
717:A person is about to commit an offence
351:(from its days of being spun off from
218:Royal Commission on Criminal Procedure
1666:Law enforcement in the United Kingdom
1630:O'Loughlin v Chief Constable Of Essex
1619:Police and Criminal Evidence Act 1984
1607:Police and Criminal Evidence Act 1984
1531:O'Loughlin v Chief Constable of Essex
1277:
1275:
1248:
1246:
1244:
1242:
755:Causing loss of or damage to property
554:Preventing serious damage to property
141:Police and Criminal Evidence Act 1984
120:Text of statute as originally enacted
33:Police and Criminal Evidence Act 1984
7:
1656:Law enforcement in England and Wales
1408:1 WLR 148), nor by prison officers (
577:Fear or provocation of violence (s4
451:Intentionally or recklessly causing
235:that they had committed an offence.
231:to commit an offence, rather than a
106:Police (Detention and Bail) Act 2011
1398:Federation Against Copyright Theft
1282:E.Cheadle, Charles (21 May 2021).
365:Part I - Powers to Stop and Search
196:PACE established the role of the
25:
1671:Governance of policing in England
1152:Fouzder, Monidipa (15 May 2019).
942:and to issue them with a receipt.
323:Her Majesty's Revenue and Customs
301:Her Majesty's Revenue and Customs
1612:
1600:
415:Taking a vehicle without consent
50:Parliament of the United Kingdom
43:
18:Police and Criminal Evidence Act
1676:Governance of policing in Wales
1632:EWCA Civ 2891 (3 December 1997)
1493:"Osman v Southwark Crown Court"
1035:Director of Public Prosecutions
839:Section 32 - Search upon arrest
1617:Learning materials related to
185:PACE has been modified by the
1:
1193:. QS Jordans. Crime Jottings.
1189:Sharp, Sam (10 March 2020).
596:Transport and Works Act 1992
536:Magistrates' Courts Act 1980
313:With the conjunction of the
178:officers, the armed forces,
1661:Codes of criminal procedure
1509:Martin, Jacqueline (2005).
1226:www.appropriateadult.org.uk
883:interfere with evidence; or
187:Policing and Crime Act 2017
1702:
1686:Imprisonment and detention
1259:Geoffrey Miller Solicitors
1156:. The Law Society Gazette.
801:That they are under arrest
29:United Kingdom legislation
1462:27 September 2007 at the
1396:(1993) 98 Cr App R 235),
1336:10.1017/S0008197307000505
752:Suffering physical injury
444:Wilful obstruction (s137
42:
37:
1511:The English Legal System
1031:Christopher James Miller
1024:Chief Constable of Essex
560:Arresting a person for:
439:Criminal Damage Act 1971
1625:Home Office: PACE Codes
1100:. GOV.UK. 26 March 2013
886:assist them in escaping
743:Ascertain their address
624:Channel Tunnel Act 1987
610:Animal Welfare Act 2006
1390:Dudley MBC v Debenhams
917:PACE Codes of Practice
692:Section 22 - Retention
628:Animal Health Act 1981
1324:Cambridge Law Journal
1013:Southwark Crown Court
958:in England and Wales.
586:Road Traffic Act 1988
579:Public Order Act 1986
572:Criminal Law Act 1977
565:Public Order Act 1936
319:HM Customs and Excise
1651:English criminal law
1575:policeconduct.gov.uk
1170:. Wells Burcombe LLP
740:Ascertain their name
1482:, 19 December 2008.
1311:. 22 February 2023.
855:Part IV - Detention
746:Prevent them from:
551:Saving life or limb
353:General Post Office
294:arrestable offences
212:and the subsequent
34:
1434:"Powers of Arrest"
1066:Computer forensics
396:Fireworks Act 2003
210:1981 Brixton riots
131:legislation.gov.uk
1605:The full text of
783:citizen's arrests
704:Part III - Arrest
446:Highways Act 1980
382:Offensive weapons
225:Vagrancy Act 1824
198:appropriate adult
182:officers, et al.
158:England and Wales
153:England and Wales
149:Act of Parliament
137:
136:
93:Other legislation
38:Act of Parliament
16:(Redirected from
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1412:EWCA Crim 2922).
1406:Seelig and Spens
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360:Notable sections
253:discriminatory.
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1587:Martin, p. 132.
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1542:Martin, p. 133.
1541:
1537:
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1491:
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1474:
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1464:Wayback Machine
1457:Stop and Search
1455:
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1400:investigators (
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1264:24 February
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1098:Home Office
923:Home Office
912:Section 64A
1640:Categories
1557:bailii.org
1497:bailii.org
1077:References
1020:O'Loughlin
907:Section 58
902:Section 56
897:Section 55
865:Section 54
659:Common Law
464:PCSCA 2022
345:Royal Mail
204:Background
98:Relates to
73:1984 c. 60
58:Long title
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940:ethnicity
670:offence.
392:Fireworks
327:statutory
229:intention
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1231:16 April
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925:and the
405:Burglary
349:BT Group
267:exhibits
260:Synopsis
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343:, the
233:belief
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1340:S2CID
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1054:drugs
1009:Osman
545:Code)
455:(s78
425:Fraud
417:(s12
410:Theft
321:into
172:PCSOs
78:Dates
1681:Bail
1515:ISBN
1444:2024
1295:2024
1266:2024
1233:2024
1176:2021
1106:2014
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437:(s1
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180:HMRC
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139:The
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176:FSA
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