The police have the authority to make an arrest with or without a warrant.
Under s 1 of the Magistrates Court Act 1980, if someone has, or is suspected of having, committed an offence, a magistrate may issue: a summons requiring them to appear before a magistrates’ court; or a warrant to arrest that person and bring them before a magistrates’ court.
The application for the warrant must include, in writing, details of the person to be arrested along with the particulars of the offence they have allegedly committed. A warrant will only be issued if the offence is an indictable one or is punishable with imprisonment, or the person’s address is not sufficiently established for a summons to be served on them.
If the magistrates’ court grants the warrant, the police have permission from the court to enter and search premises to make that arrest, with, under s 3 of the Criminal Law Act 1967, the use of reasonable force if necessary.
The Serious Organised Crime Act 2005 gave the police greater powers to make an arrest without an arrest warrant. A police officer now has the power to arrest anyone they reasonably believe has committed an offence, is in the process of committing an offence or is about to commit an offence.
The police have grounds for making an arrest to:
Private citizens may arrest:
A private citizen may only make an arrest if:
If you’re arrested and taken to the police station, you must be told your rights by the custody officer. These are the right to:
For most offences the police may only detain you for a maximum of 24 hours without charging you. This can be extended with permission from an officer with the rank of superintendent or above (an extra 12 hours) or a magistrate (up to a maximum of 96 hours). You can be held without charge for up to 28 days if you’re arrested under the Terrorism Act.
If you’re not charged with an offence by the time the maximum time has expired, the police must release you.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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