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Police and Criminal Evidence Act 1984

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24 Arrest without warrant for arrestable offences.E+W

(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

[F4(e)any offence under the Football (Offences) Act 1991.]

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

[F6(f)an offence under section 2 of the M5Obscene Publications Act 1959 (publication of obscene matter);

(g)an offence under section 1 of the M6Protection of Children Act 1978 (indecent photographs and pseudo-photographs of children);]

[F7(h)an offence under section 166 of the M7Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons);]

[F8(i)an offence under section 19 of the M8Public Order Act 1986 (publishing, etc. material intended or likely to stir up racial hatred);]

[F9(j)an offence under section 167 of the M9Criminal Justice and Public Order Act 1994 (touting for hire car services).]

(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 [F10other 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

F7S. 24(2)(h) inserted (3.11.1994) by virtue of 1994 c. 33, ss. 166(4), 172(2)(4)

F9S. 24(2)(j) inserted (3.11.1994) by 1994 c. 33, ss. 167(7), 172(2)(4)

Modifications etc. (not altering text)

C1S. 24 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(4).

C2S. 24(2) applied by S.I. 1990/1768, art. 8(10) (as replaced by S.I. 1990/2144, art. 3)

C3S. 24(2) extended (15.4.1992) by S.I. 1992/975, art. 16(13).

S. 24(2) extended (5.6.1992) by S.I. 1992/1302, art. 17(13).

s. 24(2) extended (1.5.1993) by S.I. 1993/1188, art. 16(11).

S. 24(2) extended (24.5.1993) by S.I. 1993/1244, art. 22(13).

S. 24(2) extended (22.7.1993) by S.I. 1993/1784, art. 13(12).

S. 24(2) extended (22.7.1993) by S.I. 1993/1787, art. 10(12).

S. 24(2) extended (1.10.1993) by S.I. 1993/2355, art. 12(12).

S. 24(2) extended (1.12.1993) by S.I. 1993/2807, art. 19(12).

S. 24(2) applied (23.5.1994) by 1994/1323, art. 17(12)

S. 24(2) applied (19.10.1994) by S.I. 1994/2673, art. 13(12)

S. 24(2) applied (7.2.1995) by S.I. 1995/271, reg. 11(4)

C4S. 24(6) applied (with modifications) by S.I. 1985/1800, art. 12, Sch. as amended (1.1.1996) by S.I. 1995/3217, art.2.

Marginal Citations

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