Revised PACE Code H 2022

Police and Criminal Evidence Act (1984) PACE – Code H

This is the 2022 revised PACE code of practice H in connection with:

• the detention, treatment and questioning by Police Officers of persons in police detention under section 41 of, and Schedule 8 to, the Terrorism Act 2000
• the detention and treatment by Police Officers of persons in police detention under section 43B of, and Schedule 8 to, the Terrorism Act 2000
• the treatment and questioning by Police Officers of detained persons in respect of whom an authorisation to question after charge has been given under section 22 of the Counter-Terrorism Act 2008

This is a revision to the previous PACE Code H.

This revision of PACE Code H reflects new section 43B in the Terrorism Act 2000. Section 43B provides the power for a constable to arrest without warrant a terrorist or terrorism-connected offender who has been released on licence if the constable has reasonable grounds for suspecting that the offender has breached a condition of their licence and reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to detain the offender until a recall decision is made. The updates to the code ensure that there is clarity for the police on the length of time for which the offender on licence can be detained under section 43B and their rights upon first being detained, including to have one named person informed of their whereabouts and their right to consult and communicate privately with a solicitor.

The creation of this power was recommended by the Independent Reviewer of Terrorism Legislation, Jonathan Hall KC, following his independent review of the Multi-Agency Public Protection Arrangements used to supervise terrorist and terrorist-risk offenders in response to the Fishmongers’ Hall attack.

The government has also updated PACE Code H to reflect other changes already made to primary legislation by the Counter Terrorism and Border Security Act 2019. When revising the code, the government has also made other minor updates to ensure terminology contained within it is up-to-date and reflects wider legislative changes.

This revised code was laid before Parliament on 12 December 2022. It was approved by both Houses of Parliament and came into force on 10 February 2023.