C1Part III Arrest
C224 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.
C3C42
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
F4e
any offence under the Football (Offences) Act 1991.
e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
F6f
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);
F7h
an offence under section 166 of the M7Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons);
i
an offence under section 19 of the M8Public Order Act 1986 (publishing, etc. material intended or likely to stir up racial hatred);
F8j
an offence under section 167 of the M9Criminal Justice and Public Order Act 1994 (touting for hire car services).
F9k
an offence under section 1(1) of the M10Prevention of Crime Act 1953 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse);
l
an offence under section 139(1) of the M11Criminal Justice Act 1988 (offence of having article with blade or point in public place);
m
an offence under section 139A(1) or (2) of the Criminal Justice Act 1988 (offence of having article with blade or point (or offensive weapon) on school premises)
F10n
an offence under section 2 of the Protection from Harassment Act 1997 (harassment).
F11o
an offence under section 60(8)(b) of the M12Criminal Justice and Public Order Act 1994 (failing to comply with requirement to remove mask etc.);
F12p
an offence falling within section 32(1)(a) of the Crime and Disorder Act 1998 (racially-aggravated harassment);
F13q
F15r
an offence under section 32(3) of the Public Order Act 1986 (entering premises in breach of domestic football banning order).
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 F16other 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)