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The Police and Criminal Evidence (Northern Ireland) Order 1989

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The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 26 is up to date with all changes known to be in force on or before 03 December 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation


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[F1Arrest without warrant: constablesN.I.

F226.(1) A constable may arrest without a warrant—

(a)anyone who is about to commit an offence;

(b)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;

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

(2) 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.

(3) 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.

(4) But the power of summary arrest conferred by paragraph (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in paragraph (5) it is necessary to arrest the person in question.

(5) The reasons are—

(a)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);

(b)correspondingly as regards the person's address;

(c)to prevent the person in question—

(i)causing physical injury to himself or any other person;

(ii)suffering physical injury;

(iii)causing loss of or damage to property;

(iv)committing an offence against public decency (subject to paragraph (6)); or

(v)causing an unlawful obstruction on a road (within the meaning of the Road Traffic (Northern Ireland) Order 1995 (NI 18);

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

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

(f)to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6) Paragraph (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.]

F2mod. by SI 1999/2821; 3133

Modifications etc. (not altering text)

C1Art. 26 applied (9.6.2006) by S.I. 2006/1454, art. 13(7)

Art. 26 applied (16.11.2006) by S.I. 2006/2952, art. 14(7) (with art. 18)

Art. 26 applied (16.11.2006) by S.I. 2006/2958, art. 13(7) (with art. 17)

C2Art. 26 applied (with modifications) (12.10.2006) by S.I. 2006/2657, art. 14(7) (with arts. 18, 19)

C4Art. 26 applied (with modifications) (3.5.2007) by virtue of Iran (European Community Financial Sanctions) Regulations 2007 (S.I. 2007/1374), reg. 13(7) (with reg. 16)

C6Art. 26 applied (with modifications) (temp.) (28.3.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020 (S.R. 2020/55), regs. 1(1), 8(5) (with reg. 15)

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