Update on "Power of Arrest in the UK"

Expert legal advice clarifies the position about arrest other than under s24 of PACE

"s.26 of PACE abolishes all "independent" powers except those listed in Schedule 2 of the Act such as s.13 Visitors Forces Act 52 (arrest of deserters), s.49 Prison Act 1949 (prisoners unlawfully at large), s32 of the Children and Young Persons Act '69, s24 of the Immigration Act 71, s.7 Bail Act '76, plus powers under the Representation of the People Act, Mental Health Act and Repatriation of Prisoners Act"

The Power of Arrest in the UK

The power of the police to arrest someone can arise from the Common Law (in this context, that law which doesn't originate from an Act of Parliament) - for example, for 'breach of the peace'; or under specific legislation (a few "independent" powers remain - it is my understanding, though I can't confirm this - do you know? (if so drop me a line) - that arrest of deserters is one of them) - but most arrests are made - either

* under a warrant for arrest. This is signed by a Justice of the Peace (also known as a 'magistrate' - the terms are interrchangeable). For more detailed information from the UK Ministry of Justice press here.

* under s24 of PACE [Full Title - The Police and Criminal Evidence Act 1984] - PACE s24. Note this section was amended by the Serious Organised Crime and Police Act 2005 ss. 110(1), 178; and S.I. 2005/3495, art. 2(1)(m) - the link above is to that version which is now in force.

s24 distinguishes between past, current and future events. The key safeguard is the "reasonable suspicion" that the arresting officer must have. You can debate how effective such a safeguard may be in different circumstances.

"Citizen's Arrests" are possible in the UK (which means, not only the ordinary citizen, but a non-police officer - such as a store detective). This is covered by s24A of PACE.

Arrest and Detention

The rules on arrest and detention before charge are designed to protect civil liberties (specifying the limited circumstances in which a person can be arrested and detained - and providing safeguards whilst in detention) and also to protect the integrity of the criminal legal system (the Timothy Evans case is an example of abuses which led to a tragic miscarriage of Justice.)

The Police & Criminal Evidence Act 1984 sets out the main rules. Key Sections include

s24 Power of Arrest
s28 Duties upon the police arresting - to inform of the fact and reason for arrest
s30 Duty to take person to a police station as soon as practicable
s36 & 37 Custody Officers
s40 Requirements for periodic reviews of the detention
s41-44 Extension of detention beyond 24 hours

Codes of Practice also govern conduct of detention - for a list and further information, see here.

A further Washminster post on PACE can be accessed here.