The Police and Criminal Evidence (Northern Ireland) Order 1989

Arrest without warrant for arrestable offences

26.—(1) The powers of summary arrest conferred by the following paragraphs 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 Article 46(4) of the Magistrates' Courts (Northern Ireland) Order 1981)(1); and

(c) to the offences to which paragraph (2) applies,

and in this Order “arrestable offence” means any such offence.

(2) The offences to which this paragraph 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 Customs and Excise Management Act 1979(2);

(b) offences under the Official Secrets Act 1920(3) 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 any provision of the Official Secrets Act 1989, except section 8(1), (4) or (5);

(d) offences under section 2 of the Criminal Law Amendment Act 1885(4) (procuration); and

(e) offences under Article 172 of the Road Traffic (Northern Ireland) Order 1981(5) (taking motor vehicle or other con-veyance without authority etc.) or under section 12(2) (taking of vehicles and other conveyances without authority) or section 24(1) (going equipped for stealing, etc.) of the Theft Act (Northern Ireland) 1969(6).

(3) Without prejudice to Article 4 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983(7), the powers of summary arrest conferred by the following paragraphs shall also apply to the offences of—

(a) conspiring to commit any of the offences mentioned in paragraph (2);

(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 Order.

(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.

(1)

1981 NI 26

(2)

1979 c. 2

(3)

1920 c. 75

(4)

1885 c. 69

(5)

1981 NI 1

(6)

1969 c. 16 (N.I.)

(7)

1983 NI 13