C1Part III Arrest
24 Arrest without warrant for arrestable offences.
1
The powers of summary arrest conferred by the following subsections shall apply—
a
to offences for which the sentence is fixed by law;
b
to offences for which a person of 21 years of age or over (not previously convicted) may be sentenced to imprisonment for a term of five years (or might be so sentenced but for the restrictions imposed by section 33 of the M1Magistrates’ Courts Act 1980); and
c
to the offences to which subsection (2) below applies,
and in this Act “arrestable offence” means any such offence.
C22
The offences to which this subsection applies are—
a
offences for which a person may be arrested under the customs and excise Acts, as defined in section 1(1) of the M2Customs and Excise Management Act 1979;
b
offences under F1the Official Secrets Act 1920 that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them;
F2bb
offences under any provision of the Official Secrets Act 1989 except section 8(1), (4) or (5);
c
d
offences under section 12(1) (taking motor vehicle or other conveyance without authority etc.) or 25(1) (going equipped for stealing, etc.) of the M4Theft Act 1968; and
e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
3
Without prejudice to section 2 of the Criminal Attempts Act 1981, the powers of summary arrest conferred by the following subsections shall also apply to the offences of—
a
conspiring to commit any of the offences mentioned in subsection (2) above;
b
attempting to commit any such offence F5other than an offence under section 12(1) of the Theft Act 1968;
c
inciting, aiding, abetting, counselling or procuring the commission of any such offence;
and such offences are also arrestable offences for the purposes of this Act.
4
Any person may arrest without a warrant—
a
anyone who is in the act of committing an arrestable offence;
b
anyone whom he has reasonable grounds for suspecting to be committing such an offence.
5
Where an arrestable offence has been committed, any person 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.
6
Where a constable has reasonable grounds for suspecting that an arrestable offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence.
7
A constable may arrest without a warrant—
a
anyone who is about to commit an arrestable offence;
b
anyone whom he has reasonable grounds for suspecting to be about to commit an arrestable offence.
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)