New PACE powers for labour officers from 7 April 2026
From Tuesday 7 April 2026, a new rule comes into effect in England and Wales: trained government enforcement officers investigating labour market offences will be able to use selected powers from the Police and Criminal Evidence Act 1984 (PACE). Think of this as giving specialist investigators police‑style tools for a narrow purpose, with the usual safeguards attached. The instrument was made on 16 March and laid before Parliament on 17 March, so preparation time is short for employers and advisers.
Who are these enforcement officers? They are officials appointed by the Secretary of State under the Employment Rights Act 2025 to investigate labour market offences. That phrase covers criminal offences linked to labour standards set out in Part 5 of the 2025 Act. In plain terms, if an investigation is about suspected criminal abuse in the world of work, these officers may lead it while working alongside the police where needed.
What exactly changes on 7 April? The Regulations apply specific PACE powers to these officers when they are investigating labour market offences. Not every police power moves across-only those listed in the instrument-and many are tweaked to fit workplace investigations. The old 2017 rules for Labour Abuse Prevention Officers are revoked, so this is the new legal framework going forward.
Let’s start with searches of people during a warrant. When officers are lawfully searching premises under a court warrant for a labour market investigation, they may also search people found on those premises-but only if they reasonably suspect the person has concealed evidence. This is not a street stop‑and‑search power. You must be told why you are being searched, the search must be no more than reasonably required, and officers must make a written record that you can later see.
There are clear limits on how a personal search happens. An enforcement officer cannot require you to remove more than an outer coat, jacket or gloves, and a search must be conducted by someone of the same sex. A search of your mouth is permitted. Items protected by legal professional privilege remain protected. These safeguards mirror familiar PACE standards, so the approach is consistent with police practice.
On entering premises and getting warrants, the Regulations let enforcement officers apply to a court for search warrants and execute them, and-after someone is arrested-enter and search places under that person’s control for evidence. Senior sign‑off requirements carry over too: where PACE mentions a police inspector, the Regulations substitute a suitably senior civil grade. In simple terms, the decision‑making tier is preserved even though the badge is different.
Seizing and keeping evidence follows the PACE model. Officers can seize material found during a lawful search, including computerised information, and they may keep items for as long as reasonably necessary. You can normally ask to see or copy seized material, but access can be refused if it would prejudice an investigation. If an item is taken from someone on arrest for safety reasons, it must be handed to the police once that person is transferred to police custody.
Arrest powers are also in scope, with tight guard‑rails. In defined circumstances under PACE, enforcement officers may arrest without a warrant for labour market offences-for example where it’s necessary to allow prompt and effective investigation or to prevent disappearance of a suspect. After any arrest they must deliver the person into the custody of a constable as soon as practicable; the police then take over detention at a station with the full PACE custody safeguards. You must be told you are under arrest and why.
Interviews and voluntary attendance are covered too. An officer can invite you to attend voluntarily for interview at any place where they are present, including a police station. If you are cautioned because questions may be used in evidence, you can ask for legal advice before deciding whether to be interviewed, and you can have a representative with you. If you are taken into police custody, the usual PACE Codes on rights and entitlements apply there.
On detention, officers may ask a court to extend police detention of a suspect in a labour market case. Magistrates will test whether it was reasonable for either the police or the enforcement body to have made the application earlier and what inquiries each has carried out. The headline is that a judge-not the officer-controls extended detention and demands progress on the investigation.
Reasonable force is permitted where it is necessary to use a PACE power, but only what is proportionate to the situation. The Regulations also insist on record‑keeping for searches, require officers to give you key information at the time, and carry across PACE’s long‑standing protections for vulnerable people and privileged material. That combination is meant to balance robust enforcement with your rights.
What this means if you run a workplace: you should be ready to check ID, read any warrant carefully, keep a calm log of what officers ask for and take, and identify who on your team will liaise with them. Do not obstruct-offences exist for doing so-but do ask fair questions about scope, copying of materials and return of property. If an interview is requested, pause to take advice and consider whether it should be voluntary or under caution.
What this means if you are a worker on site during a visit: you can ask who the officers are and why they are there. If searched on premises covered by a warrant, you are entitled to an explanation and a record. If asked to attend an interview, you can ask for time to seek advice and to have a representative. If you are arrested, you must be taken promptly to police custody, where the full PACE rights apply, including access to free legal advice.
The timeline matters. The Regulations were made on 16 March 2026, laid on 17 March 2026 and they start on 7 April 2026. They apply in England and Wales. Government notes say no separate impact assessment was produced because no effect on the private or voluntary sectors is foreseen. For good practice, we’d still encourage employers to refresh compliance policies, train reception and HR staff, and brief union or worker reps so everyone knows the drill. This guide is for learning and awareness, not legal advice.