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Old 15th Apr 2002, 17:11
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Legalapproach
 
Join Date: May 2001
Location: London
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Lawyerboy,

s67(9) PACE provides that the Codes of Practice apply to

persons "other than police officers who are charged with the duty of investigating offences or charging offenders"

RSPCA inspectors are bound by the codes RSPCA v. Edgar [1995] Crim.L.R. 59 as are investigators employed by a federation involved in investigating a breach of legal duty imposed by statute, common law or by contract Joy v. Federation against Copyright Theft Ltd [1993] Crim.L.R. 5889. Similarly store detectives, Trading Standards Officers and the like are all bound by the codes of practice issued under PACE.

Its important to remember that PACE codified many of the Judges Rules that had evolved as common law safeguards of the rights of an individual.

Finally, even if not prvided for by statute, the right against self-incrimination etc would require some form of caution under the Human Rights Act.

Last edited by Legalapproach; 15th Apr 2002 at 18:10.
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