C4C5 Part III Criminal Proceedings

Annotations:
Modifications etc. (not altering text)
C4

Pt. III extended (with modfications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

C5

Pt. III extended (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11)

E128AC1F1 Arrest without warrant.

C2C61

F2An immigration officer may arrest without warrant a person—

a

who has committed or attempted to commit an offence under section 24 or 24A; or

b

whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

2

But subsection (1) does not apply in relation to an offence under section 24(1)(d).

C3C23

An immigration officer may arrest without warrant a person—

a

who has committed an offence under F3section 25, 25A or 25B; or

b

whom he has reasonable grounds for suspecting has committed that offence.

4

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 26(1)(g); or

b

is committing or attempting to commit that offence.

6

The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

7

The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

a

he does not know, and cannot readily discover, the suspect’s name;

b

he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

c

the suspect has failed to give him a satisfactory address for service; or

d

he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

8

The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

a

causing physical injury to himself or another person;

b

suffering physical injury; or

c

causing loss of or damage to property.

9

For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

a

that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

b

that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

F59A

F2An immigration officer may arrest without warrant a person—

a

who has committed an offence under section 26A or 26B; or

b

whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

10

In relation to the exercise of the powers conferred by subsections (3)(b)F6. . . and (5), it is immaterial that no offence has been committed.

11

In Scotland the powers conferred by subsections (3)F7. . . and (5) may also be exercised by a constable.

C1E3C6F128AArrest without warrant.

C21

A constable or immigration officer may arrest without warrant a person—

a

who has committed or attempted to commit an offence under section 24 or 24A; or

b

whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

2

But subsection (1) does not apply in relation to an offence under section 24(1)(d).

C3C23

An immigration officer may arrest without warrant a person—

a

who has committed an offence under F3section 25, 25A or 25B; or

b

whom he has reasonable grounds for suspecting has committed that offence.

4

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 26(1)(g); or

b

is committing or attempting to commit that offence.

6

The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

7

The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

a

he does not know, and cannot readily discover, the suspect’s name;

b

he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

c

the suspect has failed to give him a satisfactory address for service; or

d

he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

8

The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

a

causing physical injury to himself or another person;

b

suffering physical injury; or

c

causing loss of or damage to property.

9

For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

a

that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

b

that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

F59A

A constable or immigration officer may arrest without warrant a person—

a

who has committed an offence under section 26A or 26B; or

b

whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

10

In relation to the exercise of the powers conferred by subsections (3)(b)F6. . . and (5), it is immaterial that no offence has been committed.

11

In Scotland the powers conferred by subsections (3)F7. . . and (5) may also be exercised by a constable.

Annotations:
Extent Information
E3

This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

C1E2C6F128A Arrest without warrant.

C21

F8An immigration officer may arrest without warrant a person—

a

who has committed or attempted to commit an offence under section 24 or 24A; or

b

whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

2

But subsection (1) does not apply in relation to an offence under section 24(1)(d).

C3C23

An immigration officer may arrest without warrant a person—

a

who has committed an offence under F3section 25, 25A or 25B; or

b

whom he has reasonable grounds for suspecting has committed that offence.

4

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 26(1)(g); or

b

is committing or attempting to commit that offence.

6

The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

7

The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

a

he does not know, and cannot readily discover, the suspect’s name;

b

he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

c

the suspect has failed to give him a satisfactory address for service; or

d

he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

8

The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

a

causing physical injury to himself or another person;

b

suffering physical injury; or

c

causing loss of or damage to property.

9

For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

a

that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

b

that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

F59A

F9An immigration officer may arrest without warrant a person—

a

who has committed an offence under section 26A or 26B; or

b

whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

10

In relation to the exercise of the powers conferred by subsections (3)(b)F6. . . and (5), it is immaterial that no offence has been committed.

11

In Scotland the powers conferred by subsections (3)F7. . . and (5) may also be exercised by a constable.