Police and Criminal Evidence Act 1984

24 Arrest without warrant for arrestable offences. E+W

(1) The powers of summary arrest conferred by the following subsections 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 section 33 of the M1 Magistrates’ 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 M2 Customs and Excise Management Act 1979;

(b) offences under [F1 the 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 M3 Sexual Offences Act 1956;

(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 M4 Theft Act 1968; and

[F4 (e) any offence under the Football (Offences) Act 1991.]

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

[F6 (f) an offence under section 2 of the M5 Obscene Publications Act 1959 (publication of obscene matter);

(g) an offence under section 1 of the M6 Protection of Children Act 1978 (indecent photographs and pseudo-photographs of children);]

[F7 (h) an offence under section 166 of the M7 Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons);]

[F8 (i) an offence under section 19 of the M8 Public Order Act 1986 (publishing, etc. material intended or likely to stir up racial hatred);]

[F9 (j) an offence under section 167 of the M9 Criminal Justice and Public Order Act 1994 (touting for hire car services).]

(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 [F10 other 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.

Textual Amendments

F1 Words substituted by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 11(1)

F2 S. 24(2)(bb) inserted by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 11(1)

F3 Words repealed by Sexual Offences Act 1985 (c. 44, SIF 39:5), s. 5(3), Sch.

F4 S. 24(2)(e) inserted (10.8.1991) by Football (Offences) Act 1991 (c. 19, SIF 39:2), s. 5(1); S.I. 1991/1564, art. 2.

F5 S. 24(2)(e) repealed (29.9.1988) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

F6 S. 24(2)(f)(g) inserted (3.2.1995) by 1994 c. 33, s. 85(2); S.I. 1995/127, art. 2(1), Sch.1

F7 S. 24(2)(h) inserted (3.11.1994) by virtue of 1994 c. 33, ss. 166(4), 172(2)(4)

F8 S. 24(2)(i) inserted (3.2.1995) by 1994 c. 33, s.155; S.I. 1995/127, art. 2(1), Sch.1

F9 S. 24(2)(j) inserted (3.11.1994) by 1994 c. 33, ss. 167(7), 172(2)(4)

F10 Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 98

Modifications etc. (not altering text)

C1 S. 24 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(4).

C2 S. 24(2) applied by S.I. 1990/1768, art. 8(10) (as replaced by S.I. 1990/2144, art. 3)

C3 S. 24(2) extended (15.4.1992) by S.I. 1992/975, art. 16(13).

S. 24(2) extended (5.6.1992) by S.I. 1992/1302, art. 17(13).

s. 24(2) extended (1.5.1993) by S.I. 1993/1188, art. 16(11).

S. 24(2) extended (24.5.1993) by S.I. 1993/1244, art. 22(13).

S. 24(2) extended (22.7.1993) by S.I. 1993/1784, art. 13(12).

S. 24(2) extended (22.7.1993) by S.I. 1993/1787, art. 10(12).

S. 24(2) extended (1.10.1993) by S.I. 1993/2355, art. 12(12).

S. 24(2) extended (1.12.1993) by S.I. 1993/2807, art. 19(12).

S. 24(2) applied (23.5.1994) by 1994/1323, art. 17(12)

S. 24(2) applied (19.10.1994) by S.I. 1994/2673, art. 13(12)

S. 24(2) applied (7.2.1995) by S.I. 1995/271, reg. 11(4)

C4 S. 24(6) applied (with modifications) by S.I. 1985/1800, art. 12, Sch. as amended (1.1.1996) by S.I. 1995/3217, art.2.

Marginal Citations

M1 1980 c. 43.

M2 1979 c. 2.

M3 1956 c. 69.

M4 1968 c. 60.

M5 1959 c. 66.

M6 1978 c. 37.

M7 1994 c. 33.

M8 1986 c. 64.

M9 1994 c. 33.