Police and Criminal Evidence Act 1984

Changes over time for: Section 24

Version Superseded: 16/06/1997

Alternative versions:

Status:

Point in time view as at 04/07/1996. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Police and Criminal Evidence Act 1984, Section 24 is up to date with all changes known to be in force on or before 20 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

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 M1Magistrates’ 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 M2Customs and Excise Management Act 1979;

(b)offences under [F1the 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 M3Sexual 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 M4Theft Act 1968; and

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

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

[F6(f)an offence under section 2 of the M5Obscene Publications Act 1959 (publication of obscene matter);

(g)an offence under section 1 of the M6Protection of Children Act 1978 (indecent photographs and pseudo-photographs of children);]

[F7(h)an offence under section 166 of the M7Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons);]

[F8(i)an offence under section 19 of the M8Public Order Act 1986 (publishing, etc. material intended or likely to stir up racial hatred);]

[F9(j)an offence under section 167 of the M9Criminal Justice and Public Order Act 1994 (touting for hire car services).]

[F10(k)an offence under section 1(1) of the M10Prevention of Crime Act 1953 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse);

(l)an offence under section 139(1) of the M11Criminal Justice Act 1988 (offence of having article with blade or point in public place);

(m)an offence under section 139A(1) or (2) of the Criminal Justice Act 1988 (offence of having article with blade or point (or offensive weapon) on school premises)]

(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 [F11other 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

F1Words substituted by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 11(1)

F2S. 24(2)(bb) inserted by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 11(1)

F3Words repealed by Sexual Offences Act 1985 (c. 44, SIF 39:5), s. 5(3), Sch.

F4S. 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.

F5S. 24(2)(e) repealed (29.9.1988) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

F6S. 24(2)(f)(g) inserted (3.2.1995) by 1994 c. 33, s. 85(2); S.I. 1995/127, art. 2(1), Sch. 1

F7S. 24(2)(h) inserted (3.11.1994) by virtue of 1994 c. 33, ss. 166(4), 172(2)(4)

F8S. 24(2)(i) inserted (3.2.1995) by 1994 c. 33, s. 155; S.I. 1995/127, art. 2(1), Sch. 1