C2Part III Arrest

Annotations:
Modifications etc. (not altering text)
C2

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)

F1C124AArrest without warrant: other persons

1

A person other than a constable may arrest without a warrant—

a

anyone who is in the act of committing an indictable offence;

b

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

2

Where an indictable offence has been committed, a person other than 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.

3

But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—

a

the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

b

it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

4

The reasons are to prevent the person in question—

a

causing physical injury to himself or any other person;

b

suffering physical injury;

c

causing loss of or damage to property; or

d

making off before a constable can assume responsibility for him.