(b)to offences for which a person of21 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 M1Magistrates’ 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 M2Customs and Excise Management Act 1979;

(b)offences under [F1the Official Secrets Act 1920] that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them;

[F2(bb)offences under any provision of the Official Secrets Act 1989 except section 8(1), (4) or (5);]

(c)offences under section . . . F3, 22 (causing prostitution of women) or 23 (procuration of girl under 21) of the M3Sexual Offences Act 1956;

[F4(ca)an offence under section 46 of the Criminal Justice and Police Act 2001;]

(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 M4Theft Act 1968; and

[F5(e)any offence under the Football (Offences) Act 1991.]

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

[F7(f)an offence under section 2 of the M5Obscene Publications Act 1959 (publication of obscene matter);

(g)an offence under section 1 of the M6Protection of Children Act 1978 (indecent photographs and pseudo-photographs of children);]

[F8(ga)an offence under section 1 of the Sexual Offences Act 1985 (c. 44) (kerb-crawling);

F8(gb)an offence under subsection (4) of section 170 of the Road Traffic Act 1988 (c. 52) (failure to stop and report an accident) in respect of an accident to which that section applies by virtue of subsection (1)(a) of that section (accidents causing personal injury);]

[F9(h)an offence under section 166 of the M7Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons);]

[F10(i)an offence under section 19 of the M8Public Order Act 1986 (publishing, etc. material intended or likely to stir up racial hatred);]

[F11(j)an offence under section 167 of the M9Criminal Justice and Public Order Act 1994 (touting for hire car services).]

[F12(k)an offence under section 1(1) of the M10Prevention of Crime Act 1953 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse);

(l)an offence under section 139(1) of the M11Criminal Justice Act 1988 (offence of having article with blade or point in public place);

(m)an offence under section 139A(1) or (2) of the Criminal Justice Act 1988 (offence of having article with blade or point (or offensive weapon) on school premises)]

[F13(n)an offence under section 2 of the Protection from Harassment Act 1997 (harassment).]

[F14(o)an offence under [F15section 60AA(7)] of the M12Criminal Justice and Public Order Act 1994 (failing to comply with requirement to remove mask etc.);]

[F16(p)an offence falling within section 32(1)(a) of the Crime and Disorder Act 1998 [F17(racially or religiously aggravated)];]

[F18(q)an offence under section 14J or 21C of the Football Spectators Act 1989 (failure to comply with requirements imposed by or under a banning order or a notice under section 21B)]

[F19(qa)an offence under section 12(4) of the Criminal Justice and Police Act 2001.]

(r). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(s)an offence under section 1(1) or (2) or 6 of the Wildlife and Countryside Act 1981 (taking, possessing, selling etc. of wild birds) in respect of a bird included in Schedule 1 to that Act or any part of, or anything derived from, such a bird;

(t)an offence under any of the following provisions of the Wildlife and Countryside Act 1981—

(i)section 1(5) (disturbance of wild birds),

(ii)section 9 or 13(1)(a) or (2) (taking, possessing, selling etc. of wild animals or plants),

(iii)section 14 (introduction of new species etc.).]

[F21(u)an offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (c. 36) (unauthorised presence in restricted zone or on aircraft);

F21(v)an offence under section 39(1) of the Civil Aviation Act 1982 (c. 16) (trespass on aerodrome).]

(3)Without prejudice to section 2 of the 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 [F22other than an offence under section 12(1) of the Theft Act 1968];

(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.