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Police powers - powers of arrest - diagram

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Powers of arrest (constable and other person - citizen's arrest)

Powers of arrest s24 and 24A PACE as amended by section 110 of the Serious Organised Crime and Police Act 2005

All constables' powers now subject to the 9 "necessary reasons"


 

The
Past

The Present

The
 Future

 

 


A constable's powers (red text) and as he is any person too, the black text as well


 


 

Anyone who
is in the act of committing an indictable offence


Anyone suspected be committing an indictable offence.


Anyone who is or whom PC has reasonable grounds for suspecting to be committing any offence.

 

 


Any person's powers (black text) apply only to indictable offences


 

Where an indictable offence has been committed


Anyone who is or who is suspected to be guilty of the offence.

Must allow PC to arrest if possible


4 new conditions apply

1.   prevent harm to himself or another,

2.   suffering injury,

3.   damage to property, or

4.   prevent suspect making off


Where offence has been committed or PC suspects offence has been committed


Anyone who is or whom PC suspects to be guilty of it.

 

Anyone who is or whom PC suspects is about to commit any offence



 

 

 

 

 

 

constable must ALWAYS have one or more of the 9 necessary reasons

PC can do two things a member of the public cannot -

1. arrest for what is about to happen
2. arrest for an offence that may not have been committed.

Other persons (citizens) powers of arrest now in  s24(A) PACE as amended by Serious Organised Crime and Police Act 2005

Below is the actual wording of the Act -

110    

Powers of arrest
 

 

    (1) For section 24 of PACE (arrest without warrant for arrestable offences) substitute-
 

 

"24    

Arrest without warrant: constables
 

 

    (1) A constable may arrest without a warrant-
 

 

    (a) anyone who is about to commit an offence;

 

    (b) anyone who is in the act of committing an offence;

 

    (c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

 

    (d) anyone whom he has reasonable grounds for suspecting to be committing an offence.

 

    (2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
 

 

    (3) If an offence has been committed, a constable may arrest without a warrant-
 

 

    (a) anyone who is guilty of the offence;

 

    (b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

 

    (4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.
 

 

    (5) The reasons are-
 

 

    (a) to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

 

    (b) correspondingly as regards the person's address;

 

    (c) to prevent the person in question-

 

      (i) causing physical injury to himself or any other person;

 

      (ii) suffering physical injury;

 

      (iii) causing loss of or damage to property;

 

      (iv) committing an offence against public decency (subject to subsection (6)); or

 

      (v) causing an unlawful obstruction of the highway;

 

    (d) to protect a child or other vulnerable person from the person in question;

 

    (e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

 

    (f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

 

    (6) Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.
 

24A     

Arrest without warrant: other persons
 

 

    (1) A person other than a constable may arrest without a warrant-
 

 

    (a) anyone who is in the act of committing an indictable offence;

 

    (b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

 

    (2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant-
 

 

    (a) anyone who is guilty of the offence;

 

    (b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

 

    (3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if-
 

 

    (a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

 

    (b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

 

    (4) The reasons are to prevent the person in question-
 

 

    (a) causing physical injury to himself or any other person;

 

    (b) suffering physical injury;

 

    (c) causing loss of or damage to property; or

 

    (d) making off before a constable can assume responsibility for him."

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