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24 June 2020 / Michael Zander KC
Issue: 7892 / Categories: Features , Procedure & practice , Covid-19 , Criminal
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COVID-19: Re-setting the PACE?

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Police interviews during the COVID-19 crisis: Michael Zander on the new rules
  • Consultation: new PACE rules to authorise remote interviewing of suspects during the coronavirus emergency.

The Home Office is consulting urgently on new PACE rules to authorise remote interviewing of suspects during the coronavirus emergency. The new rules are to support the emergency Interview Protocol (https://bit.ly/2CrvZpG) agreed between the National Police Chiefs’ Council, Crown Prosecution Service, Law Society, Criminal Law Solicitors’ Association and London Criminal Courts Solicitors’ Association. The consultation ends on 3 July.

The changes to PACE Code C (to last only during the crisis) are set out in a new Annex AA. They modify the existing provisions which allow a suspect to have their solicitor present during the interview. The changes allow for legal advice during interview to be provided by a live link or a telephone conference link, provided that, in the case of a telephone call, it is visually recorded.

The custody officer in the case of someone detained, or the interviewer in the case of a voluntary interview, in consultation

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