24Arrest without warrant: constables

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.

24AArrest 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.

1A

The premises referred to in subsection (1)(b) above are—

a

one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

b

any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

1B

If the application is for an all premises warrant, the justice of the peace must also be satisfied—

a

that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and

b

that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.

b

to specify the matters set out in subsection (2A) below; and

2A

The matters which must be specified pursuant to subsection (2)(b) above are—

a

if the application is for a specific premises warrant made by virtue of section 8(1A)(a) above or paragraph 12 of Schedule 1 below, each set of premises which it is desired to enter and search;

b

if the application is for an all premises warrant made by virtue of section 8(1A)(b) above or paragraph 12 of Schedule 1 below—

i

as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

ii

the person who is in occupation or control of those premises and any others which it is desired to enter and search;

iii

why it is necessary to search more premises than those specified under sub-paragraph (i); and

iv

why it is not reasonably practicable to specify all the premises which it is desired to enter and search.

iv

each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and

12A

The judge may not issue an all premises warrant unless he is satisfied—

a

that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and

b

that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched.

1C

The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

1D

If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

5A

If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.

7

Two copies shall be made of a specific premises warrant (see section 8(1A)(a) above) which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.

8B

This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.

8C

In this section—

a

“firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and

b

“fireworks regulations” has the same meaning as in that Act.

1A

A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station—

a

with the appropriate consent; or

b

if the appropriate consent is withheld or it is not practicable to obtain it, without it.

1B

A person falls within this subsection if he has been—

a

arrested by a constable for an offence;

b

taken into custody by a constable after being arrested for an offence by a person other than a constable;

c

made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002 (“the 2002 Act”);

d

given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988;

e

given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the 2002 Act) by a community support officer by virtue of a designation applying that paragraph to him; or

f

given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him.

; and

c

“sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.

6A

In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.

6A

A constable may take a person's fingerprints without the appropriate consent if—

a

the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and

b

either of the two conditions mentioned in subsection (6B) is met.

6B

The conditions are that—

a

the name of the person is unknown to, and cannot be readily ascertained by, the constable;

b

the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name.

6C

The taking of fingerprints by virtue of subsection (6A) does not count for any of the purposes of this Act as taking them in the course of the investigation of an offence by the police.

61AImpressions of footwear

1

Except as provided by this section, no impression of a person's footwear may be taken without the appropriate consent.

2

Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a police station.

3

Where a person is detained at a police station, an impression of his footwear may be taken without the appropriate consent if—

a

he is detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence; and

b

he has not had an impression taken of his footwear in the course of the investigation of the offence by the police.

4

Where a person mentioned in paragraph (a) of subsection (3) above has already had an impression taken of his footwear in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if the impression of his footwear taken previously is—

a

incomplete; or

b

is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

5

If an impression of a person's footwear is taken at a police station, whether with or without the appropriate consent—

a

before it is taken, an officer shall inform him that it may be the subject of a speculative search; and

b

the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record.

6

In a case where, by virtue of subsection (3) above, an impression of a person's footwear is taken without the appropriate consent—

a

he shall be told the reason before it is taken; and

b

the reason shall be recorded on his custody record as soon as is practicable after the impression is taken.

7

The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable.

8

Nothing in this section applies to any person—

a

arrested or detained under the terrorism provisions;

b

arrested under an extradition arrest power.

c

a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;

c

a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample;

1

The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001.

—

“constables” includes—

a

persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,

b

persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area,

c

police support staff (within the meaning of the Police (Northern Ireland) Act 2000), and

d

persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force

9

In this section, “constables” includes—

a

persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,

b

persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area, and

c

persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force.