1. Police And Criminal Evidence Act 1984 (PACE)
Police Powers of Arrest
Recently amended (January 2006) by the Serious Organised Crime and Police Act 2005 (SOCPA)
Section 10 of SOCPA inserted a new Section 24 into PACE
This amendment to PACE now means the police can arrest someone for ANY offence

2. The New Powers of Arrest
A police officer can arrest without a warrant in the following circumstances:
Anyone who is guilty of an offence
Anyone who the officer reasonably believes to be guilty of an offence

3. The New Powers of Arrest
Anyone who is about to commit an offence
Anyone who the officer has reasonable grounds for suspecting to be about to commit an offence

4. The New Powers of Arrest
Where an officer has reasonable grounds to suspect an offence has been committed they can arrest anyone who they reasonably suspect to be guilty of it
Anyone who is in the act of committing an offence
Anyone the officer has reasonable grounds for believing to be committing an offence

5. Limitations on the Power of Arrest
There are however some limitations on the powers of arrest. The officer must have reasonable grounds for believing that it is necessary to make an arrest for one of the following reasons……….

6. Limitations on the Power of Arrest
To enable the person’s name and address to be ascertained
To protect a child or other vulnerable person
To allow the prompt and effective investigation of the offence
To prevent the suspect from disappearing

7. Limitations on the Power of Arrest
To prevent the person;
Causing injury to themselves or others
Suffering injury themselves
Causing loss or damage to property
Committing an offence against public decency
Causing an unlawful obstruction of the highway

8. PACE Code of Practice G
This sets out guidelines for the police to follow when making an arrest
As well as the above conditions a police officer must inform the person that they are being arrested, and what for, even if this is obvious

9. Other Powers of Arrest
The Criminal Justice and Public Order Act 1994 gives the police the power to arrest anyone who fails to surrender to police bail, i.e. they fail to return to the police station on a set date

10. Arrest for Breach of the Peace
The police can arrest where there has been or there is likely to be a breach of the peace.
This applies even if the behaviour complained of was on private premises, as shown by the case of, McConnell v Chief Constable of the Greater Manchester Police (1990)

11. McConnell v Chief Constable of the Greater Manchester Police (1990)
The manager of a carpet shop asked McConnell to leave but he refused
A police officer took him outside and McConnell attempted to re-enter the shop
He was then arrested for a possible breach of the peace
The Court of Appeal held that the arrest was lawful and that a breach of the peace could take place on private premises

12. Bibby v Chief Constable of Essex (2000)
The Court of Appeal set out the conditions for an arrest for breach of the peace:
There must be a real and present threat to the peace
The threat come from the person arrested
The conduct of that person must clearly interfere with the rights of someone else, which may result in violence by that other person
The conduct of the arrested person must be unreasonable

13. Arrest with a warrant
The police can apply to a Magistrate for a warrant to arrest a named person
A warrant is issued under s1 Magistrates’ Court Act 1980
This required written information from the police, supported by evidence under oath, showing that the named person has or is suspected of committing an offence
Warrants are only available for offences which may lead to a prison sentence if the person is eventually convicted

14. The Right to Search an Arrested Person
Once arrested the police can search the suspect for;
Anything which may be used to help them escape
Anything which may be evidence of an offence

15. The Right to Search an Arrested Person
If the search takes place in public the police can only require the suspect to remove their outer coat, jacket and gloves

16. Citizen’s Arrest
Private citizens can only make an arrest in respect of indictable offences
A citizen’s arrest can be made if;
Someone is in the act of committing an indictable offence
Where the citizen has reasonable grounds to believe someone is committing an indictable offence

17. Citizen’s Arrest
3. Where there has been an indictable offence and the citizen has reasonable grounds for believing the person they are arresting are guilty of it

18. Citizen’s Arrest Limitations
It must appear not reasonably practicable for a police officer to make the arrest
It must be necessary to prevent the person from;
Causing physical injury to themselves or others
Suffering harm
Causing loss or damage to property
Making off before the police can take over