C1Part 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)

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

offences under section . . . F3, 22 (causing prostitution of women) or 23 (procuration of girl under 21) of the M3Sexual Offences Act 1956;

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.