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Part IIIE+W Arrest

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)

[F124 Arrest without warrant: constablesE+W

(1)A constable may arrest without a warrant—

(a)anyone who is about to commit an offence;

(b)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;

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

(2)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.

(3)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.

(4)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.

(5)The reasons are—

(a)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);

(b)correspondingly as regards the person's address;

(c)to prevent the person in question—

(i)causing physical injury to himself or any other person;

(ii)suffering physical injury;

(iii)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;

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

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

(f)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.]

Textual Amendments

Modifications etc. (not altering text)

C3S. 24 applied (with modifications) (temp.) (E.) (26.3.2020 at 1.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (S.I. 2020/350), regs. 1, 9(7) (with reg. 12)

C4S. 24 applied (with modifications) (temp.) (W.) (26.3.2020 at 4.00 p.m.) by The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (S.I. 2020/353), regs. 1(1), 12(5) (with regs. 3, 15)

C5S. 24 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(4).

C7S. 24 applied (with modifications) (temp.) (W.) (8.6.2020 at 12:01 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 (S.I. 2020/574), regs. 1(2), 14(7) (with reg. 20)

C10S. 24 applied (with modifications) (temp.) (E.) (4.7.2020) by The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 (S.I. 2020/685), regs. 1(1), 9(7) (with reg. 12)

C11S. 24 applied (with modifications) (temp.) (E.) (4.7.2020 at 00.01 a.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (S.I. 2020/684), regs. 1(2)(b), 8(7) (with reg. 11)

C12S. 24 applied (with modifications) (temp.) (W.) (11.7.2020 for specified purposes, 13.7.2020 in so far as not already in force) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (S.I. 2020/725), regs. 1(3)(4), 20(5) (with reg. 5)

C19S. 24 applied (with modifications) (temp.) (E.) (29.8.2020) by The Health Protection (Coronavirus, Restrictions) (Greencore) Regulations 2020 (S.I. 2020/921), regs. 1(2), 7(4) (with reg. 11)

C20S. 24 applied (with modifications) (temp.) (E.) (10.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020 (S.I. 2020/974), regs. 1(1), 9(7) (with reg. 12)

C24S. 24 applied (with modifications) (temp.) (W.) (18.9.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 (S.I. 2020/1011), regs. 1(3), 18(5) (with reg. 3) (as amended (25.11.2021) by S.I. 2021/1304, regs. 1(2), 3)

C30S. 24 applied (with modifications) (temp.) (W.) (23.10.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 (S.I. 2020/1149), regs. 1(3), 29(6) (with reg. 2)

C38S. 24 applied (with modifications) (temp.) (E.) (30.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Wearing of Face Coverings) (England) Regulations 2021 (S.I. 2021/1340), regs. 1(2), 10(8) (with regs. 1(4), 15)

C40S. 24 applied (with modifications) (temp.) (W.) (11.2.2022 at. 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2022 (S.I. 2022/126), regs. 1(2), 13(10) (with reg. 19)

C49S. 24(2) modified (1.9.2001) by 2001 c. 16, s. 47(3); S.I. 2001/2223, art. 4(c)

C50S. 24(2) applied by S.I. 1990/1768, art. 8(10) (as replaced by S.I. 1990/2144, art. 3)

S. 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, art. 11(4)

S. 24(2) applied (15.11.1996) by S.I. 1996/2721, art. 11(4)

S. 24(2) extended (1.11.1997) by S.I. 1997/2592, art. 12(12)

S. 24(2) applied (with modifications) (15.7.1998) by S.I. 1998/1531, art. 4(2).

S. 24(2) extended (3.6.1999) by S.I. 1999/1516, art. 9(9)

S. 24(2) extended (14.10.1999) by S.I. 1999/2821, art. 4(2)

S. 24(2) extended (14.10.1999) by S.I. 1999/2822, art. 4(2)

S. 24(2) extended (26.11.1999) by S.I. 1999/3133, art. 8(12)

S. 24(2) applied (16.6.2000) by S.I. 2000/1556, art. 17(12)

S. 24(2) applied (28.9.2000) by S.I. 2000/2620, reg. 11(5)

S. 24(2) applied (25.5.2000) by S.I. 2000/1408, reg. 3

S. 24(2) extended (16.2.2001) by S.I. 2001/396, art. 25(13)

S. 24(2) applied (10.10.2001) by S.I. 2001/3365, art. 10(10) (subject to art. 1(2))

C51S. 24(2) applied (with modifications) (25.1.2002) by The Al-Qa'ida and Taliban (United Nations Measures) Order 2002 (S.I. 2002/111), art. 20(13)

S. 24(2) applied (with modifications) (31.3.2002) by The Zimbabwe (Sale, Supply, Export and Shipment of Equipment) (Penalties and Licences) Regulations 2002 (S.I. 2002/ 868), {reg. 4(2)}

S. 24(2) applied (with modifications) (24.10.2002) by The Somalia (United Nations Sanctions) Order (S.I. 2002/2628), {art. 16(12)}