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Criminal Justice and Police Act 2001

Codes of Practice

205.Codes of Practice are issued under PACE covering:

  • stop and search,

  • searching of premises and seizure of property,

  • detention, treatment and questioning,

  • identification procedures and

  • tape recording of interviews with suspects.

206.At the moment, any changes to these Codes have to be subject to full public consultation and a process of debate in each House of Parliament.

207.The Act allows proposals for limited amendments to the Codes for trial purposes to be made subject to the negative resolution procedure. Such changes could be for fixed periods of up to two years and could relate to defined areas and classes of offences or offenders. Permanent amendments to the codes which would apply generally would still need to be made using the existing procedures and thus be subject to full consultation and the affirmative resolution procedure.

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