Abstract

Police custody is a fundamental component of the criminal justice process at home and abroad. It is also one of the most controversial and key aspects of policing. This chapter critically evaluates the policy and practice of police custody in England and Wales. It explores the Police and Criminal Evidence Act (PACE) 1984, police custody, and the two safeguards regarding police custody in England and Wales, namely the appropriate adult safeguard and the Independent Custody Visiting Scheme. Despite such safeguards, in practice, due to the competing demands made of the police, the rights of detainees are not always a priority. In addition, although PACE 1984 intended to tighten up the regulation of police custody, police discretion and the permissiveness of the law mean that in reality this has not happened. It suggests that during and post-COVID-19 may offer some hope of improvement in police custody.

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