ABSTRACT

The exercise of police powers, such as arrest and detention, represents an invasion of personal liberty which is tolerated in the interests of the prevention and detection of crime. However, in accepting the need to allow such invasion, the interest in personal liberty requires that it should be strictly regulated. The rules governing the exercise of police powers are still largely contained in the scheme created under the Police and Criminal Evidence Act 1984 (PACE), which is made up of rules deriving from the Act itself, from the Codes of Practice made under it, and from the notes for guidance contained in the Codes. The exercise of police powers is also influenced by Home Office circulars.