PART IIIArrest

24Arrest 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 [1980 c. 43.] Magistrates' 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 [1979 c. 2.] Customs and Excise Management Act 1979 ;

b

offences under the Official Secrets Acts 1911 and 1920 that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them ;

c

offences under section 14 (indecent assault on a woman), 22 (causing prostitution of women) or 23 (procuration of girl under 21) of the [1956 c. 69.] Sexual 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 [1968 c. 60.] Theft Act 1968 ; and

e

offences under section 1 of the [1889 c. 69.] Public Bodies Corrupt Practices Act 1889 (corruption in office) or section 1 of the [1906 c. 34.] Prevention of Corruption Act 1906 (corrupt transactions with agents).

3

Without prejudice to section 2 of the [1981 c. 47.] 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 ;

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.