Background Part 3: Police powers etc.
38.The core framework of police powers used to tackle and investigate crime is set out in PACE and the accompanying Codes of Practice. In 2002, a fundamental review of PACE was carried out by the Home Office and Cabinet Office. The review reported in November 2002(2).
39.The review concluded that while there was a positive view of PACE and support for the way it had standardised and professionalised police work, there was a recognition that the Act and the Codes required updating and reorganising to ensure that they reflected changes in society over the last 20 years. In particular, the review concluded that changes were needed to address the commonly held observation that PACE had become increasingly rigid over time as a result of the influence of case law and the accumulation of additional legislation. A number of amendments to PACE arising from the review were implemented by Part 1 of the Criminal Justice Act 2003.
40.Further proposals for the reform of PACE were set out in the consultation paper ‘Policing: Modernising Police Powers to Meet Community Needs’(3). The measures proposed in that consultation set out to:
	Provide the police and other relevant agencies with appropriate powers to tackle crime;
	Remove barriers enabling more effective targeting of criminals; and
	Free-up more time for police officers to take up front-line duties.
41.As well as seeking to modernise police powers in PACE, the consultation paper also set out proposals for further strengthening the effectiveness of police staff and to broaden the range of specialist roles they may perform.
42.Discussion between the Department for Constitutional Affairs and enforcement teams in magistrates courts revealed that the problem of identity denial by fine defaulters was a significant barrier to the effective enforcement of fines and other financial penalties imposed by the courts. Whilst PACE allows for photographs to be used in the prosecution process, photographs cannot currently be passed onto Court Enforcement Officers and Authorised Enforcement Agents for use in the enforcement of fines and criminal penalties set by the courts. The Act achieves this by amending section 64A of PACE.
43.The Police Reform Act 2002 provided for the appointment of CSOs to work in partnership with police officers in the community, with powers to tackle low level crime and anti-social behaviour. The powers of CSOs were extended by the Anti-social Behaviour Act 2003. There are now some 4,500 CSOs across England and Wales. Part 3 of the Act provides for a further limited extension of their powers.
44.The Police Reform Act 2002 also introduced three other categories of ‘designated’ police staff, namely investigating officers, detention officers and escort officers. Each of these perform specialist roles which do not require the full training and powers of a constable, and therefore free up officers for other duties. Part 3 establishes a new category of designated staff – staff custody officers – and extends the powers of other designated staff as part of a programme of workforce reform to build a more unified police service where police staff play a full part in strengthening operational effectiveness. Details of this programme are set out in the police reform White Paper ‘Building Communities, Beating Crime: A better police service for the 21st century’ (CM 6360, November 2004).