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Power of Arrest

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What is the power of police arrest?

An arrest is the police’s power to detain someone to investigate or prevent a crime. The police’s power to arrest is mainly regulated by the Police and Criminal Evidence Act 1984 (PACE) and the Codes of Conduct.


The Law:

Section 24 of PACE Act 1984 explains the circumstances in which a constable may exercise the power of arrest without issuing a warrant. If a constable has reasonable grounds for suspecting that an offence has been committed or is about to be committed, they may arrest without a warrant anyone whom they have reasonable grounds to suspect of being guilty of it. The power of arrest can only be used where the constable has reasonable grounds for believing the arrest necessary.


The Law in simple English:

  • The officer needs to explain why they are arresting you

  • An officer having reasonable grounds can arrest you

  • It has to be necessary requirement


Police Officer Procedure:

  • identify yourself as the police

  • the police will tell you that you’re being arrested

  • tell you what crime they think you’ve committed

  • explain why it’s necessary to arrest you

  • explain to you that you’re not free to leave


Reasonable Grounds:

  • causing physical injury to themselves or any other person

  • suffering physical injury

  • causing loss of or damage to property

  • making off before a constable can assume responsibility for him/ her


Reasonable Force:

Officers can use ‘reasonable’ force when making an arrest.

‘Reasonable force’ means using only as much force as they need to arrest you. It must be the minimum – no more.

Therefore, what is “reasonable” will depend on the facts of the case.

If one is not resisting and is complying with what they are asking, then the use of handcuffs or any pushing might be considered unreasonable. However, in cases where people are physically resisting, the police officers might be able to say that the force that they used to hold someone down or handcuff them to prevent them from escaping or causing harm, was reasonable.


Your Human Rights:

Your right to liberty is protected under Article 5 of the European Convention on Human Rights (ECHR), which is given effect in the UK through the Human Rights Act 1998 (HRA). This prevents people from detaining you in most circumstances, including the police.

However, Article 5 of the ECHR is a ‘limited’ right. This means you can be detained for certain purposes. This specifically includes lawful arrest.

The Equality Act 2010 makes it unlawful for police officers to discriminate against, harass or victimise any person on the grounds of a ‘protected characteristic’. Protected characteristics include age, disability, gender assignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation.


Until the next Legal Thought,


Elicia Maxwell


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