Under s 24 of the Police and Criminal Evidence Act 1984 (PACE) – as amended by the Serious Organised Crime and Police Act 2005 – powers of arrest without warrant are held by the police, but private citizens also have the right to perform what is known as a ‘citizen’s arrest’ when they feel the need to do so.
The powers of arrest are not something to be abused by the police or by a public citizen and are powers that should only be used responsibly.
Private citizens may arrest:
A private citizen may only make an arrest if:
A constable may arrest without a warrant:
If a constable has reasonable grounds for suspecting that an offence has been committed, they may arrest without a warrant anyone whom they have reasonable grounds to suspect of being guilty of it.
If an offence has been committed, a constable may arrest without a warrant:
An arrest without warrant can only be made if the constable has reasonable grounds for believing it is necessary to arrest someone to:
If you’re arrested the police must:
If you’re under 17 the police should only arrest you at school if there’s no other option, and they must inform your headteacher. The police must also contact your parents, guardian or carer as soon as possible after your arrival at the police station.
Under s 3 of the Criminal Law Act 1967 someone making an arrest may ‘use as much force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large’.
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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