Modifications etc. (not altering text)
C1Pt. 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)
(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.
(2)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;
[F2(bb)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.
Textual Amendments
F1Words substituted by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 11(1)
F3Words repealed by Sexual Offences Act 1985 (c. 44, SIF 39:5), s. 5(3), Sch.
F4S. 24(2)(e) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16
F5Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 98
Modifications etc. (not altering text)
C2S. 24(2) applied by S.I. 1990/1768, art. 8(10) (as replaced by S.I. 1990/2144, art. 3)
Marginal Citations