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15 July 2020 / Michael Zander KC
Issue: 7895 / Categories: Features , Procedure & practice , Covid-19 , Criminal
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Resetting the PACE (Pt 2)

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Michael Zander on concerns about Home Office police station remote legal advice plans

In brief

  • Revising PACE Codes C and E to legitimise remote legal advice in police stations because of COVID-19: Home Office proposals.
  • National Appropriate Adult Network’s response: identifying serious implications.
  • Law Society’s response: support for the proposals.

The Home Office proposes to revise PACE Codes C and E to legitimise remote legal advice in police stations because of COVID-19 (‘Re-setting the PACE’, NLJ, 26 June 2020). The Consultation closed on 3 July. The intention is to use the procedure allowing expedited changes to the PACE Codes without the need for parliamentary approval.

PACE s 67(7) states that revision of the Codes requires a draft order first to be laid before parliament and then approval by a resolution in both Houses. Sub-section (7A) says, however, that if the order has been made without a draft having been approved by a resolution of each House, it need only be laid before Parliament. On the face of it, sub-s (7A) appears to contradict

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