E1Part I Felony and Misdemeanour

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Extent Information
E1

Subject to s. 11(2)-(4) this Part shall not extend to Scotland or Northern Ireland see s. 11(1)

2F1 Arrest without warrant. C1

1

The powers of summary arrest conferred by the following subsections shall apply to offences for which the sentence is fixed by law or for which a person (not previously convicted) may under or by virtue of any enactment be sentenced to imprisonment for a term of five years F2(or might be so sentenced but for the restrictions imposed by F3section 33 of the Magistrates’Courts Act 1980) and to attempts to committ any such offence; and in this Act, including any amendment made by this Act in any other enactment, “arrestable offence” means any such offence or attempt.

F4The said restrictions are those which apply where, in pursuance of F5subsection (2) of section 22 of the said Act of 1980 (certain offences to be tried summarily if value involved is small) a magistrates’ court summarily convicts a person of a scheduled offence within the meaning of F6the said section 22.

2

Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, in the act of committing an arrestable offence.

3

Where an arrestable offence has been committed, any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of the offence.

4

Where a constable, with reasonable cause, suspects that an arrestable offence has been committed, he may arrest without warrant anyone whom he, with reasonable cause, suspects to be guilty of the offence.

5

A constable may arrest without warrant any person who is, or whom he, with reasonable cause, suspects to be, about to commit an arrestable offence.

6

For the purpose of arresting a person under any power conferred by this section a constable may enter (if need be, by force) and search any place where that person is or where the constable, with reasonable cause, suspects him to be.

7

This section shall not . . . F7 prejudice any power of arrest conferred by law apart from this section.