Changes introduced in December 2023
The latest comprehensive revisions to the PACE Codes listed on the Home Office website came into force in December 2023. They included revised Codes A, B, C, D and H, as well as the introduction of Code I. The changes reflected newer police powers, including powers arising under the Public Order Act 2023 and the National Security Act 2023. College of Policing+1
For criminal practitioners, this means it is important to use the correct version of the relevant Code when reviewing a police search, arrest, interview or detention.
Criminal Procedure Rules updates in 2026
The Criminal Procedure Rules were amended in April 2026 and again in October 2026. The latest October amendments came into force on 5 October 2026. These rules govern how criminal cases proceed through the courts, including procedural requirements that apply to parties and legal representatives. GOV.UK
The Criminal Procedure Rules should be read alongside PACE: PACE primarily regulates police powers and safeguards during investigations, whereas the Criminal Procedure Rules govern procedure in criminal courts.
3. Other significant criminal law changes in 2026
The Crime and Policing Act 2026 introduces a wide range of changes to criminal law and police powers. Some provisions have already come into force, while others will require further commencement regulations. GOV.UK+1
Anti-social behaviour
From 26 October 2026, new provisions relating to respect orders and anti-social behaviour came into force. The Act also increases the maximum fixed penalty for anti-social behaviour from £100 to £500 and strengthens certain powers to close premises associated with persistent problems. GOV.UK+1
New offences relating to trespass and begging
Changes introduced in June 2026 created offences relating to trespass with intent to commit a criminal offence and arranging or facilitating begging for gain. These measures were introduced alongside the repeal of the Vagrancy Act 1824. The precise elements of each offence must be considered before advising on a particular case. GOV.UK
Knife crime and offensive weapons
The Act introduces measures intended to tackle knife crime, including stricter age-verification requirements for online knife sales and a new offence relating to possession of a bladed article with intent to cause harm. The Act also contains measures aimed at online platforms and the sale of dangerous weapons to under-18s. Practitioners should check the commencement status of each relevant provision before relying on it in a case. GOV.UK+1
Intimate image offences and sexual offences
The Act creates new offences relating to the non-consensual taking or recording of intimate images and the copying of intimate images shared temporarily without consent. It also introduces other changes to sexual offences, including amendments concerning sexual activity involving a corpse or an animal. Different provisions have different commencement dates, so not every new offence should be assumed to be in force at the same time. GOV.UK+1
Police investigative powers
The Act also introduces measures to expand certain police powers, including powers relating to electronically tracked stolen goods, access to online account information and drug testing in specified circumstances. The scope of each power and the safeguards attached to it must be checked against the relevant statutory provisions and commencement regulations.
For solicitors and other criminal law practitioners, these developments make it important to review the legislation and guidance relevant to each case. In particular, practitioners should:
- Check whether a search, arrest or seizure complied with PACE and the applicable Code of Practice.
- Review custody records, interview recordings and the circumstances in which evidence was obtained.
- Consider whether a breach of PACE or its Codes may affect the admissibility or reliability of evidence, including the application of section 78 PACE where appropriate.
- Check the current Criminal Procedure Rules and applicable Practice Directions when preparing court documents, witness evidence and applications.
- Confirm whether a new offence or police power was in force on the date of the alleged conduct or police action.