C1C11 Part III Arrest

Annotations:
Modifications etc. (not altering text)
C1

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j)

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)

C20C31C2C10C27C26C62C32C21C57C25C23C19C28C50C58C43C30C54C37C42C18C39C35C45C14C41C33C47C46C48C61C60C51C24C16C34C49F124 Arrest without warrant: constables

C53C17C7C91

A constable may arrest without a warrant—

a

anyone who is about to commit an offence;

C56b

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;

C52d

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

C53C17C55C29C3C5C4C6C8C12C132

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.

C53C17C293

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.

C53C17C22C294

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.

C53C17C225

The reasons are—

C38a

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);

C38b

correspondingly as regards the person's address;

c

to prevent the person in question—

C53C17C36i

causing physical injury to himself or any other person;

C53C17C36ii

suffering physical injury;

C53C17C36iii

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;

C44C40C59d

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

C44C40C59e

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

C44C40C15f

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.