The government has announced that the new codes under PACE 1984 come into effect on 10 April.

There have been a substantial number of amendments and additions to both code C and code D since they were published in draft form in August 1994 (see [1995] Gazette, 1 February, 18) and the following is a summary of some of the more important of the numerous changes with which the practitioner must come to grips.The caution code C10.4 has been shortened to a mere 37 words: 'You do not have to say anything.

But it may harm your defence if you do not mention when questioned something which you later rely on in court.

Anything you do say may be given in evi dence.'The failure to volunteer an account when first arrested will rarely be material, as no adverse inference can arise unless the suspect is being questioned.The circumstances in which special warnings apply under s.36 and s.37 of the Criminal Justice and Public Order Act 1994 (CJPOA) have been clarified by an amended C10.5A, and the warning itself altered by C10.5B to include a requirement that the suspect be told in ordinary language that a record is being made of the interview, and that it may be given in evidence if he is brought to trial.

This is in addition to the other four essential aspects of the warning set out in the earlier article.Another of the more significant amendments to the draft is that a 'solicitor' for the purposes of C6.12 may no longer be a clerk or legal executive.

He must now be 'a solicitor who holds a current practising certificate, a trainee solicitor, a duty solicitor representative or an accredited representative included on the register of representatives maintained by the Legal Aid Board'.

The function of the solicitor has been expressed in even more positive terms as 'to protect and advance the legal rights of his client.

On occasion this may require the solicitor to give advice which has the effect of his client avoiding giving evidence which strengthens a prosecution case...examples of unacceptable conduct include answering questions on a suspect's behalf, or providing written replies for him to quote'.A new note C6.5 provides that where the suspect declines legal advice, the custody officer should ask the person for his reasons and note them on the custody record or interview record.A new note 11.D provides that when a suspect agrees to read records of interviews and of other comments and to sign them as correct, he should be asked to endorse the record with words such as 'I agree that this is a correct record of what was said' and add his signature.

Where the suspect does not agree with the record, the officer should record the details of any disagreement and then ask the suspect to read these details and then sign them to the effect that they accurately reflect his disagreement.

Any refusal to sign when asked to do so shall be recorded.A search of the mouth no longer constitutes an intimate search, see code C annexe A 1.

Annexe A has also been considerably enlarged to contain detailed guidance on the conduct of strip searches.Code D contains numerous and important additions and amendments to the draft version.

The most significant are the following.

The suspect need no longer ask for an ID parade before the protections of code D come into play.

Code D2.3 now provides that 'whenever a suspect disputes an identification, an identification parade shall be held if the suspect consents unless paragraphs 2.4 (impracticable), 2.7 (group ID) or 2.10 (video ID) apply'.

Video recordings or colour photographs shall be taken of the parade (D2.5) or group identification (D2.9).

The procedure for a group identification is now set out in considerable detail in a new annexe E.An intimate sample no longer includes a mouth swab, but does include a dental impression (see D.5.11).

It is no longer a prerequisite of taking an intimate sample that the offence is a serious arrestable offence.

It need now only be a recordable offence (see D5.1).

The new note 3A provides that a recordable offence includes 'any offences which carry a sentence of imprisonment' together with certain specific non imprisonable offences such as soliciting, improper use of a telecommunications system, tampering with motor vehi cles, sending letters with intent to cause distress, and having an article with a blade in a public place.

The written consent of the suspect is still required.Of particular concern to the civil liberties section of the community, but much heralded by the police, are the powers to subject samples to a speculative search, ie a check against other samples contained in records held by the police.

A person from whom fingerprints are to be taken (code D3.2A) or from whom an intimate or non-intimate sample is to be taken (code D5.11B) shall be informed that his fingerprint/sample may be the subject of a speculative search.