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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 changes and training to take place (an example subsequent governments

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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