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Criminal Justice and Police Act 2001

Arrestable Offences

192.The Act amends section 24(2) of the Police and Criminal Evidence Act 1984 to include two new offences in the list of offences for which a power of summary arrest exists. At present, unless the general arrest conditions under section 25 of PACE apply, the police cannot take offenders into custody and question them. Questioning can only take place at the scene of the offence and the offenders may only be summoned to appear at a magistrates’ court to answer the charge. The offences concerned are:

  • kerb-crawling which is currently an offence under section 1 of the Sexual Offences Act 1985; and

  • failure to stop after an accident where personal injury is caused. Section 170 of the Road Traffic Act 1988 places certain requirements on a driver involved in an accident within the categories specified to stop, report the accident and provide information or documents. It is an offence under section 170(4) to fail to comply with these requirements. Part 3 would not provide a power of arrest in the case of a damage only accident, although the general arrest conditions may apply in that case.

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