PACE Amendments Consideration
The Home Office should consider and, if necessary, consult upon: (a) whether paragraph 2(b) of Schedule 1 to the Police and Criminal Evidence Act 1984 (PACE) should be repealed; (b) whether PACE should be amended to provide a definition of the phrase "for the purposes of journalism" in s13(2); and (c) whether s11(3) of PACE should be amended by providing that journalistic material is only held in confidence for the PACE provisions if it is held or has continuously been held since it was first acquired or created subject to an enforceable or lawful undertaking, restriction or obligation.
- No published evidence that the Home Office conducted the recommended review of PACE Schedule 1, paragraph 2(b) or considered amendments to section 13(2) of PACE regarding journalism, has been identified to March 2026.
- The Criminal Justice and Immigration Act 2008, section 70, extended the definition of "journalistic material" for PACE purposes, but this predated the Leveson recommendation. No subsequent PACE amendments addressing the specific issues raised have been identified.
How was this evidence gathered?
Response
Not Accepted
Response
Not AcceptedThis recommendation was not implemented. The government did not formally respond to civil justice recommendations in the Prime Minister's statement of 29 November 2012. Section 40 of the Crime and Courts Act 2013, which would have created a costs incentive mechanism, was enacted but never commenced. On 1 March 2018, the Secretary of State announced that Section 40 would not be commenced and would be repealed. Section 40 was repealed by Section 50 of the Media Act 2024 (Royal Assent 24 May 2024). Source: https://www.gov.uk/government/speeches/leveson-consultation-response
Published Evidence
Published assessments of progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.
The PACE amendments Leveson recommended were not made. No changes to paragraph 2(b) of Schedule 1, no definition of 'for the purposes of journalism' in s13(2), and no amendment to s11(3) regarding journalistic material held in confidence.
View detailed findings
None of the three PACE amendments Leveson recommended were enacted.