C12C13 Part III Arrest

Annotations:
Modifications etc. (not altering text)
C12

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)

C27C28C1C2C29C30C31C33C32C34C35C36C37C38C39C40C41C42C43C44C46C47C45C48C49C50C51C52C53C54C55C56F124 Arrest without warrant: constables

C14C16C3C41

A constable may arrest without a warrant—

a

anyone who is about to commit an offence;

C20b

anyone who is in the act of committing an offence;

c

anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

C21d

anyone whom he has reasonable grounds for suspecting to be committing an offence.

C14C16C18C22C5C6C7C8C9C10C112

If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

C14C16C223

If an offence has been committed, a constable 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.

C14C16C19C224

But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

C14C16C195

The reasons are—

C23a

to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

C23b

correspondingly as regards the person's address;

c

to prevent the person in question—

C14C16C24i

causing physical injury to himself or any other person;

C14C16C24ii

suffering physical injury;

C14C16C24iii

causing loss of or damage to property;

iv

committing an offence against public decency (subject to subsection (6)); or

v

causing an unlawful obstruction of the highway;

C15C17C25d

to protect a child or other vulnerable person from the person in question;

C15C17C25e

to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

C15C17C26f

to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

6

Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.