Case Law
Since the passage of PACE, the courts have recognised the greater safeguards of civil liberties granted by the act.
In Osman v Southwark Crown Court (1999), the search of Osman was held to be unlawful because the officers searching him did not give their names and station, contrary to PACE's requirements.
In O'Loughlin v Chief Constable of Essex (1997), the courts held that the entry of a premises under section 17 PACE to arrest O'Loughlin's wife for criminal damage was unlawful because under PACE, anyone present on the premises must be given the reason for entry.
However, not all cases have gone against the police; in R v Longman (1988), it was held that the police entry of a premises to execute a search warrant for drugs was lawful, although deception had been utilised to gain entry, and upon entering, the police had not identified themselves or shown the warrant.
Read more about this topic: Police And Criminal Evidence Act 1984
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