Powers of the police in England and Wales
Encyclopedia
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984
and the Police Act 1996
. This article covers the powers of territorial police forces only. In law, police powers are given to "constables"; this means both full-time and volunteer police officers (known as special constable
s). There are four main powers that constables have that normal members of the public do not: the power to detain people, the power to search people/vehicles/objects and places, the power to arrest people and the power to enter property. Typically, the level of power available varies with the status of the person it is being used against; the police have different powers over people they have arrested compared with those who have not been arrested.
ed for an offence, they will be taken to a police station
. The Custody Officer
at that police station must determine whether he has sufficient evidence to charge
the detainee for the offence and may keep the detainee in custody until he can make this decision. The Custody Officer has sufficient evidence if he has sufficient evidence to provide a reasonable prospect of conviction. If the Custody Officer determines that he does have sufficient evidence, he must charge the person or release him. If he determines he does not have enough evidence to charge him he must release him unless he has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.
In terrorism cases, a person may be detained for a maximum of 28 days. Otherwise (and subject to exceptions), a person may be detained for a maximum of 96 hours from the relevant time (normally the time an arrested person arrives at the first police station that he is taken to), in line with the following restrictions:
On expiry of the time limit, the arrested person must be released, either on or without police bail
and may not be rearrested without warrant for the same offence unless new evidence has come to light since the original arrest.
or during their trial before sentencing.
Immediately after charge, if the detainee is not released (either on police bail
or without bail), he must be brought before a Magistrates' Court
as soon as is practicable (first appearance).. From this point, the following time limits apply, unless extended by the court:
in the case of suspects related to terrorism and by Code C in other cases. It is generally the responsibility of a designated Custody Officer to ensure that the provisions of the relevant Code and of the Police and Criminal Evidence Act 1984
are not breached.
In particular, a person detained has the following rights; and must be informed of these rights at the earliest opportunity:
, if he has reasonable grounds for suspecting that there is on the premises evidence (other than items subject to legal privilege) that relates to that offence, or to some other indictable offence which is connected with or similar to that offence.
A constable also has the power, if a person has been arrested for an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.
) was enacted to correct perceived problems with the implementation of the powers previously granted to the police, the Judges' rules
. The 'sus' law
allowed police to stop, search, and subsequently arrest a 'suspected person' without warrant. Due to perceived unfair implementation of this law within the black community, there were riots in some parts of the country in majority black areas (Brixton
, Handsworth
, Toxteth
, Southall & Moss Side
) in the early 1980s and "sus" was repealed in 1981. The vast majority of search powers now require 'reasonable suspicion
' of an offence to be present. Constables cannot carry out 'consensual' searches of a person.
Before searching anyone or anything (except an unattended vehicle), a constable in plain clothes must identify himself as a constable and show his warrant card
or similar, and a constable (in uniform or otherwise) must state:
Before searching an unattended vehicle, a constable must leave a notice (inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle) stating:
The above provisions do not apply to searches under section 6 of PACE or section 27(2) of the Aviation Security Act 1982, which both relate to vehicles leaving goods handling areas where searches are routine.
A search without arrest is unlawful if it appears to the constable, after first detaining the person or vehicle, that the search is not required or it is impracticable. A person or vehicle may be detained for the purposes of a search for as long as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby. Whilst in public, a constable cannot require a person to remove any of his clothing other than an outer coat, jacket or gloves (except in the case of a search under section 47A of the Terrorism Act 2000, which additionally permits the removal of footwear and headgear). Recently a group of civil, academic and legal organisations have united to form StopWatch
an organisation that aims to monitor the use of stop and search powers, reduce ethnic dis-proportionality and promote good practice in their deployment.
The powers to search are as follows:
A constable may search a person arrested under section 41 of the Terrorism Act 2000
to discover whether he has in his possession anything which may constitute evidence that he is a terrorist (defined by section 40).
An Inspector also has a limited power to order a search of an arrested person in order to facilitate establishing the identity of a person, particularly by discovering tattoos or other marks. Where such a search requires more than the removal of the arrested person's outer clothing, the provisions of Code C to the Police and Criminal Evidence Act 1984 relating to strip searches apply.
An intimate search is a search of the bodily orifices (other than the mouth). It should be conducted by a suitably qualified person unless this is impracticable and done in the presence of two other people. An intimate search requires the authorisation of an inspector and may only be made in one of the following circumstances:
A person must be 'cautioned' when being arrested unless this is impractical due to the behaviour of the arrestee i.e. violence or drunkenness. The caution is:
Deviation from this accepted form is permitted provided that the same information is conveyed.
There are three general means of arresting without warrant: firstly in relation to a criminal offence, secondly in relation to a breach of the peace and thirdly for miscellaneous purposes.
. In 1964, Home Secretary
Rab Butler
asked the Criminal Law Revision Committee
to look into the distinction between felonies
and misdemeanours, and their recommendation was that the distinction be abolished, as it was obsolete. As most powers of arrest relied on the offence being a felony, a new set of arrest criteria were introduced by the Criminal Law Act 1967
, which created the arrestable offence
(defined as an offence where an adult could be sentenced to imprisonment for five years or more).
These arrest powers were later re-enacted by the Police and Criminal Evidence Act 1984
(PACE), which also created an alternative set of arrest criteria (the "general arrest criteria") which applied in particular circumstances, such as where the person's name or address were not known. As time went on, the number of offences that were defined as "arrestable" grew significantly, to the point where the distinction was becoming confusing and unworkable.
In 2005, the PACE powers of arrest were repealed by the Serious Organised Crime and Police Act
, which also abolished the arrestable offence
and instead replaced it with a need-tested system for arrest which applied to every offence.
A constable may therefore arrest (without a warrant):
Additionally, if a constable suspects that an offence has been committed, then:
is one of the oldest, and most basic offences still in existence in England & Wales. It is an offence at common law, not codified, so it cannot be found in any act of Parliament
. The power of arrest in relation to breach of the peace is available to anyone (regardless of whether they are a constable or not), who may arrest without warrant:
However, the Court of Appeal laid down the following conditions:
Absconding or going AWOL
Alcohol and driving
Other powers
. A constable may also enter and search any premises for the purpose:
A constable also has the power to enter any place in order to carry out a search under section 47 of the Firearms Act 1968
.
If an officer below the rank of superintendent gives authorisation, it must be referred to a superintendent as soon as it is practicable to do so. Where a superintendent gives authorisation for a road check, he:
If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may specify a further period, not exceeding seven days, during which it may continue.
In addition to the powers to conduct road checks given above, the police have a common law power to set up road checks and search vehicles stopped at them in order to prevent a breach of the peace.
, if:
then a constable in uniform can:
Authorisations apply to one locality only, last for 24 hours, and the inspector who gives them must inform a superintendent
as soon as possible. A superintendent can extend the authorisation for a further 24 hours. Failure to remove a disguise when required is an offence.
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
and the Police Act 1996
Police Act 1996
The Police Act 1996 is an Act of the Parliament of the United Kingdom which defined the current police areas, constituted the current police authorities and set out the relationship between the Home Secretary and the territorial police forces. It replaced the Police and Magistrates Courts Act...
. This article covers the powers of territorial police forces only. In law, police powers are given to "constables"; this means both full-time and volunteer police officers (known as special constable
Special constable
A Special Constable is a law enforcement officer who is not a regular member of a police force. Some like the Royal Canadian Mounted Police carry the same law enforcement powers as regular members, but are employed in specific roles, such as explosive disposal technicians, court security, campus...
s). There are four main powers that constables have that normal members of the public do not: the power to detain people, the power to search people/vehicles/objects and places, the power to arrest people and the power to enter property. Typically, the level of power available varies with the status of the person it is being used against; the police have different powers over people they have arrested compared with those who have not been arrested.
Source of powers
The basic powers of constables derive from the Police Act 1996, which covers attestation (section 29), jurisdiction (section 30) and a number of other matters.Detention
There are three different types of detention:- detention without arrest,
- detention after arrest (but before charge), and
- detention after charge.
Detention without arrest
Detention without arrest is only permitted in certain circumstances, and is not a generally available power as in some other jurisdictions. In addition to the power to detain during a search (as described below) a constable may detain a person under the following provisions:| Section and Act | Purpose | Duration | Notes |
|---|---|---|---|
| section 12 of the Contempt of Court Act 1981 | for contempt of court | until the court rises (end of the day) | when ordered by the court |
| section 136 of the Mental Health Act 1983 Mental Health Act 1983 The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters... |
people suffering from mental disorders in a public place and in immediate need of care or control | for 72 hours | commonly known as "being sectioned" |
| section 138 or section 18 of the Mental Health Act 1983 Mental Health Act 1983 The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters... |
people who have absconded from detention under the Act | to return them to lawful custody | |
| section 118 of the County Courts Act 1984 County Courts Act 1984 The County Courts Act 1984 is an Act of the Parliament of the United Kingdom; the long title of the Act is "An Act to consolidate certain enactments relating to county courts". The Act replaced the County Courts Act 1959.... |
for contempt of court | until the court rises (end of the day) | when ordered by the court |
| section 136 of the Magistrates' Courts Act 1980 Magistrates' Courts Act 1980 The Magistrates' Courts Act 1980 is an Act of the Parliament of the United Kingdom. It codifies the procedures applicable in magistrates' courts in the United Kingdom and largely replaces the Magistrates' Courts Act 1952... |
for non-payment of a fine | until 8am the next morning | when ordered by the court |
| section 21A of the Football Spectators Act 1989 | to determine whether a football banning order should be made | for four hours (six with permission of an Inspector) | British citizens only |
Detention after arrest
Where a person is arrestArrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
ed for an offence, they will be taken to a police station
Police station
A police station or station house is a building which serves to accommodate police officers and other members of staff. These buildings often contain offices and accommodation for personnel and vehicles, along with locker rooms, temporary holding cells and interview/interrogation rooms.- Facilities...
. The Custody Officer
Custody officer
A Custody Officer is an attested constable of at least the rank of Sergeant in the United Kingdom who works in a custody suite. They are responsible for the care and welfare of arrested persons who are brought to the custody suite.-Responsibilities:...
at that police station must determine whether he has sufficient evidence to charge
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
the detainee for the offence and may keep the detainee in custody until he can make this decision. The Custody Officer has sufficient evidence if he has sufficient evidence to provide a reasonable prospect of conviction. If the Custody Officer determines that he does have sufficient evidence, he must charge the person or release him. If he determines he does not have enough evidence to charge him he must release him unless he has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.
In terrorism cases, a person may be detained for a maximum of 28 days. Otherwise (and subject to exceptions), a person may be detained for a maximum of 96 hours from the relevant time (normally the time an arrested person arrives at the first police station that he is taken to), in line with the following restrictions:
| Authorising person | Test to be applied | Requirement for review | Maximum limit |
|---|---|---|---|
| Custody Officer |
|
||
| Review Officer |
|
6 hours after the decision to detain or 9 hours after the last review | 24 hours from the relevant time |
| Superintendent or above |
|
36 hours from the relevant time | |
| Magistrates' Court Magistrates' Court A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions... |
|
The Magistrates' Court can only grant or extend a warrant for up to 36 hours. | 96 hours from the relevant time |
On expiry of the time limit, the arrested person must be released, either on or without police bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
and may not be rearrested without warrant for the same offence unless new evidence has come to light since the original arrest.
Detention after charge
Following charge, a person may be detained in custody pending their trialTrial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
or during their trial before sentencing.
Immediately after charge, if the detainee is not released (either on police bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
or without bail), he must be brought before a Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
as soon as is practicable (first appearance).. From this point, the following time limits apply, unless extended by the court:
| Offence type | Mode of trial | Limit in Magistrates' Court Magistrates' Court A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions... |
Limit in Crown Court Crown Court The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales... |
|---|---|---|---|
| Summary only Summary offence A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :... |
Summary trial | First appearance to trial: 56 days | |
| Either way Hybrid offence A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment... |
Summary trial | First appearance to trial: 56 days | |
| Either way Hybrid offence A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment... |
Trial on indictment | First appearance to committal: 70 days | Committal to trial: 112 days |
| Indictable only Indictable offence In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury... |
Trial on indictment | Sent to Crown Court forthwith | Sent from Magistrates' Court to trial: 182 days |
Treatment in detention
The treatment of suspects held in detention is governed by Code H to the Police and Criminal Evidence Act 1984Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
in the case of suspects related to terrorism and by Code C in other cases. It is generally the responsibility of a designated Custody Officer to ensure that the provisions of the relevant Code and of the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
are not breached.
In particular, a person detained has the following rights; and must be informed of these rights at the earliest opportunity:
- to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told that he has been arrested and where he is being detained; and
- to consult a solicitor.
Premises
A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offenceIndictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
, if he has reasonable grounds for suspecting that there is on the premises evidence (other than items subject to legal privilege) that relates to that offence, or to some other indictable offence which is connected with or similar to that offence.
A constable also has the power, if a person has been arrested for an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.
Search without arrest
The Police and Criminal Evidence Act 1984 (PACEPolice and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
) was enacted to correct perceived problems with the implementation of the powers previously granted to the police, the Judges' rules
Judges' Rules
The Judges' Rules are a set of guidelines about police and questioning and the acceptability of the resulting statements and confessions as evidence in court...
. The 'sus' law
Sus law
In England and Wales, the sus law was the informal name for a stop and search law that permitted a police officer to stop, search and potentially arrest people on suspicion of them being in breach of section 4 of the Vagrancy Act 1824.-1824 legislation:The power to act on "sus" was found in part...
allowed police to stop, search, and subsequently arrest a 'suspected person' without warrant. Due to perceived unfair implementation of this law within the black community, there were riots in some parts of the country in majority black areas (Brixton
Brixton Riots
Brixton riots may refer to:* 1981 Brixton riot – 11 April 1981* 1985 Brixton riot – 28 September 1985* 1995 Brixton riot – 13 December 1995* 2011 Brixton riot – 7 August 2011; see 2011 London riots...
, Handsworth
Handsworth riots
The Handsworth riots may refer to:* 1981 Handsworth riots* 1985 Handsworth riots* 1991 Handsworth riots...
, Toxteth
Toxteth riots
The Toxteth riots of July 1981 were a civil disturbance in Toxteth, inner-city Liverpool, which arose in part from long-standing tensions between the local police and the black community...
, Southall & Moss Side
Moss Side
Moss Side is an inner-city area and electoral ward of Manchester, England. It lies south of Manchester city centre and has a population of around 17,537...
) in the early 1980s and "sus" was repealed in 1981. The vast majority of search powers now require 'reasonable suspicion
Reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch' ";...
' of an offence to be present. Constables cannot carry out 'consensual' searches of a person.
Before searching anyone or anything (except an unattended vehicle), a constable in plain clothes must identify himself as a constable and show his warrant card
Warrant card
A warrant card is proof of identification and authority carried by police officers. The term is normally used only within the United Kingdom and in current and former Commonwealth countries...
or similar, and a constable (in uniform or otherwise) must state:
- the constable’s name and the name of the police station to which he is attached,
- the reason for the search,
- the grounds (in law) for the search, and
- that a copy of the search form will be available on demand for twelve months.
Before searching an unattended vehicle, a constable must leave a notice (inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle) stating:
- that the vehicle has been searched,
- the name of the police station to which the constable is attached,
- that an application for compensation for any damage caused by the search may be made to that police station, and
- that a copy of the search record will be available on demand (if one was made).
The above provisions do not apply to searches under section 6 of PACE or section 27(2) of the Aviation Security Act 1982, which both relate to vehicles leaving goods handling areas where searches are routine.
A search without arrest is unlawful if it appears to the constable, after first detaining the person or vehicle, that the search is not required or it is impracticable. A person or vehicle may be detained for the purposes of a search for as long as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby. Whilst in public, a constable cannot require a person to remove any of his clothing other than an outer coat, jacket or gloves (except in the case of a search under section 47A of the Terrorism Act 2000, which additionally permits the removal of footwear and headgear). Recently a group of civil, academic and legal organisations have united to form StopWatch
StopWatch (Campaign)
**StopWatch is a joint venture between a range of civil society organisations, activist and human rights groups, academics and campaigners. StopWatch was established to address concerns about the use of Stop and Search powers in the UK with regards to law, community relations and civil rights...
an organisation that aims to monitor the use of stop and search powers, reduce ethnic dis-proportionality and promote good practice in their deployment.
The powers to search are as follows:
| Section and Act | Where | What can be searched | What it/they can be searched for | Grounds for conducting the search | Notes |
|---|---|---|---|---|---|
| |
|||||
| section 2 of the Poaching Prevention Act 1862 | any highway, street, or public place | any person (or any person aiding or abetting such person) or vehicle | unlawfully obtained game Game (food) Game is any animal hunted for food or not normally domesticated. Game animals are also hunted for sport.The type and range of animals hunted for food varies in different parts of the world. This will be influenced by climate, animal diversity, local taste and locally accepted view about what can or... , or any gun, part of gun, or nets or engines used for the killing or taking game |
good cause to suspect of coming from any land where he shall have been unlawfully in search or pursuit of game | |
| section 12 of the Deer Act 1991 | anywhere | any vehicle, animal, weapon or other thing | evidence of the commission of an offence under the Act | suspects with reasonable cause of committing or having committed an offence under the Act | |
| section 4 of the Conservation of Seals Act 1970 Conservation of Seals Act 1970 The Conservation of Seals Act 1970 is an Act of the Parliament of the United Kingdom. It received Royal Assent on 29 May 1970.-Criticism:... |
anywhere | any vehicle or boat | used by a person suspected to be committing an offence under the Act | suspects with reasonable cause of committing an offence under the Act | |
| section 11 of the Protection of Badgers Act 1992 | anywhere | any person, vehicle or article | evidence of the commission of an offence under the Act, or under the Badgers Act 1973 | reasonable grounds for suspecting of committing an offence under the Act | |
| |
|||||
| section 6 of the Public Stores Act 1875 | anywhere | any person, vessel, boat or vehicle | stolen government property | reason to suspect that stolen government property may be found | Metropolitan Police Metropolitan police Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force... constables only, unless specifically authorised |
| section 23 of the Misuse of Drugs Act 1971 Misuse of Drugs Act 1971 The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic... |
anywhere | any person or vehicle | controlled drug Drug A drug, broadly speaking, is any substance that, when absorbed into the body of a living organism, alters normal bodily function. There is no single, precise definition, as there are different meanings in drug control law, government regulations, medicine, and colloquial usage.In pharmacology, a... s |
reasonable grounds to suspect that that person, or a person inside that vehicle, is in possession of controlled drugs | |
| section 163 of the Customs and Excise Management Act 1979 | anywhere | any vehicle, vessel or non-airborne aircraft | goods which are:
|
reasonable grounds to suspect the vehicle or vessel is carrying such goods | |
| section 24B of the Aviation Security Act 1982 | any aerodrome | any person, vehicle or aircraft, or anything which is in or on a vehicle or aircraft | stolen or prohibited articles | reasonable grounds for suspecting the finding of stolen or prohibited articles | meaning of "prohibited" given by subsection (5) of that section |
| section 27 (2) of the Aviation Security Act 1982 Aviation Security Act 1982 The Aviation Security Act 1982 is an Act of Parliament of the United Kingdom Parliament. The Act covers Offences against the safety of aircraft; Protection of aircraft, aerodromes and air navigation installations against acts of violence; Policing of airports; and Funding.In addition to murder and... |
any cargo area of an aerodrome which is a designated airport | any vehicle or aircraft and any goods carried by people (but does not include people) | general power of inspection | no need for suspicion | |
| section 1 of the Police and Criminal Evidence Act 1984 | a public place | any person or vehicle, or anything which is in or on a vehicle |
|
reasonable grounds for suspecting the finding of such items | commonly known as "stop and search" |
| section 7 of the Sporting Events (Control of Alcohol etc.) Act 1985 | anywhere | any person, public service vehicle or train | the person is committing or has committed an offence under the Act, or an offence under the Act is being committed or has been committed on the vehicle or train | reasonable grounds to suspect the person is committing of has committed an offence under the Act | offences under the Act include possession of alcohol or flares and being drunk on transport to football matches, or whilst in or attempting to enter the football ground |
| section 34B of the Environmental Protection Act 1990 | anywhere | any vehicle used to dump waste unlawfully | general power of inspection | reasonable belief that an unlawful dumping offence has been, is being or is about to be committed | |
| |
|||||
| section 47 of the Firearms Act 1968 Firearms Act 1968 The Firearms Act of 1968 is a UK Act of Parliament controlling use and possession of firearms.... |
any public place | any person or vehicle | firearms or ammunition | reasonable cause to suspect of possession | |
| section 47 of the Firearms Act 1968 Firearms Act 1968 The Firearms Act of 1968 is a UK Act of Parliament controlling use and possession of firearms.... |
anywhere other than a public place | any person or vehicle | committing or being about to commit offences under section 18 and section 20 | reasonable cause to suspect of committing or being about to commit such offences | |
| section 4 of the Crossbows Act 1987 Crossbows Act 1987 The Crossbows Act 1987 is an Act of the Parliament of the United Kingdom, which is still in force. The Act, as amended, controls the possession of crossbows by people under the age of eighteen throughout the whole of the United Kingdom... |
anywhere | any person aged under 17 | a crossbow Crossbow A crossbow is a weapon consisting of a bow mounted on a stock that shoots projectiles, often called bolts or quarrels. The medieval crossbow was called by many names, most of which derived from the word ballista, a torsion engine resembling a crossbow in appearance.Historically, crossbows played a... (or part of) |
suspects with reasonable cause that a person has or has had a crossbow | does not apply where that person is or was under the supervision of a person aged 21+ |
| section 4 of the Crossbows Act 1987 Crossbows Act 1987 The Crossbows Act 1987 is an Act of the Parliament of the United Kingdom, which is still in force. The Act, as amended, controls the possession of crossbows by people under the age of eighteen throughout the whole of the United Kingdom... |
anywhere | any vehicle | a crossbow (or part of) connected with an offence under section 3 of that Act | suspects with reasonable cause that a person under 17 has or has had a crossbow | does not apply where that person is or was under the supervision of a person aged 21+ |
| section 139B of the Criminal Justice Act 1988 | school premises | the premises and any person on them | offensive weapons or objects with blades or sharp points | reasonable grounds for suspecting that a person has or has had such an item on the premises | |
| section 60 of the Criminal Justice and Public Order Act 1994 Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours... |
anywhere specified by an authorisation | any pedestrian (or anything carried by him) and any vehicle, its driver and any passenger | offensive weapons or objects with blades or sharp points | if an authorisation has been given under that section (no need for suspicion) | |
| |
|||||
| section 43 of the Terrorism Act 2000 Terrorism Act 2000 The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996... |
anywhere | any person | evidence that that person is a terrorist (defined by section 40) | reasonably suspects that person to be a terrorist | |
| section 47A of the Terrorism Act 2000 | anywhere specified by an authorisation | a vehicle (including the driver of the vehicle, a passenger in the vehicle, anything in or on the vehicle or carried by the driver or a passenger) or a pedestrian (and anything carried by the pedestrian) |
evidence that:
|
if an authorisation has been given under that section (no need for suspicion) | |
Search after arrest
A constable may search a person who has been arrested (unless the arrest was at a police station) if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others. A constable may also (unless the arrest was at a police station) search an arrested person for anything which he might use to assist him to escape from lawful custody, or which might be evidence relating to an offence.A constable may search a person arrested under section 41 of the Terrorism Act 2000
Terrorism Act 2000
The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996...
to discover whether he has in his possession anything which may constitute evidence that he is a terrorist (defined by section 40).
Searches in detention
The Custody Officer must record everything which an arrested person has with him at the police station and may search a person to the extent that he considers it necessary to do so, but may not conduct an intimate search for these purposes. The Custody Officer may seize anything, but may only seize clothes or personal effects if the Custody Officer:- believes that the person from whom they are seized may use them:
- to cause physical injury to himself or any other person,
- to damage property,
- to interfere with evidence,
- to assist him to escape, or
- has reasonable grounds for believing that they may be evidence relating to an offence.
An Inspector also has a limited power to order a search of an arrested person in order to facilitate establishing the identity of a person, particularly by discovering tattoos or other marks. Where such a search requires more than the removal of the arrested person's outer clothing, the provisions of Code C to the Police and Criminal Evidence Act 1984 relating to strip searches apply.
An intimate search is a search of the bodily orifices (other than the mouth). It should be conducted by a suitably qualified person unless this is impracticable and done in the presence of two other people. An intimate search requires the authorisation of an inspector and may only be made in one of the following circumstances:
| Condition | Consent | Place |
|---|---|---|
The inspector reasonably believes
|
Consent is not necessary for the search to take place and reasonable force may be used to conduct the search. | Police station, hospital, surgery or other medical premises. |
| The inspector reasonably believes
|
Consent for the search is necessary. If the detainee refuses to give consent, proper inferences may be drawn but force may not be used. | Hospital, surgery or other medical premises. |
Arrest without warrant
The only powers of detention that are available to a constable in England and Wales are discussed above. Therefore, when a person's liberty is deprived he is thus under arrest, and:- must be told that he is under arrest, and
- must be "told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest".
A person must be 'cautioned' when being arrested unless this is impractical due to the behaviour of the arrestee i.e. violence or drunkenness. The caution is:
You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in court. Anything you do say may be given in evidence.
Deviation from this accepted form is permitted provided that the same information is conveyed.
There are three general means of arresting without warrant: firstly in relation to a criminal offence, secondly in relation to a breach of the peace and thirdly for miscellaneous purposes.
Criminal offences
Prior to 1967, the only general power of arrest for offences was that which existed for feloniesFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. In 1964, Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
Rab Butler
Rab Butler
Richard Austen Butler, Baron Butler of Saffron Walden, KG CH DL PC , who invariably signed his name R. A. Butler and was familiarly known as Rab, was a British Conservative politician...
asked the Criminal Law Revision Committee
Criminal Law Revision Committee
The Criminal Law Revision Committee of England & Wales is a standing committee of learned legal experts that may be called upon by the Home Secretary to advise on legal issues and to report back recommendations for reform...
to look into the distinction between felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
and misdemeanours, and their recommendation was that the distinction be abolished, as it was obsolete. As most powers of arrest relied on the offence being a felony, a new set of arrest criteria were introduced by the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
, which created the arrestable offence
Arrestable offence
Arrestable offence is a legal term now obsolete in English law and the legal system of Northern Ireland, but still used in the legal system of the Republic of Ireland. The Criminal Law Act 1967 introduced the category to replace the ancient term felony...
(defined as an offence where an adult could be sentenced to imprisonment for five years or more).
These arrest powers were later re-enacted by the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
(PACE), which also created an alternative set of arrest criteria (the "general arrest criteria") which applied in particular circumstances, such as where the person's name or address were not known. As time went on, the number of offences that were defined as "arrestable" grew significantly, to the point where the distinction was becoming confusing and unworkable.
In 2005, the PACE powers of arrest were repealed by the Serious Organised Crime and Police Act
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
, which also abolished the arrestable offence
Arrestable offence
Arrestable offence is a legal term now obsolete in English law and the legal system of Northern Ireland, but still used in the legal system of the Republic of Ireland. The Criminal Law Act 1967 introduced the category to replace the ancient term felony...
and instead replaced it with a need-tested system for arrest which applied to every offence.
A constable may therefore arrest (without a warrant):
- anyone who is about to commit an offence, or anyone whom he has reasonable grounds for suspecting to be about to commit an offence,
- anyone who is in the act of committing an offence, or anyone whom he has reasonable grounds for suspecting to be committing an offence, and
- anyone who is guilty of an offence or anyone whom he has reasonable grounds for suspecting to be guilty of an offence.
Additionally, if a constable suspects that an offence has been committed, then:
- anyone whom he has reasonable grounds to suspect of being guilty of it.
Conditions
But a constable may only use the powers of arrest given above:- to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name),
- correspondingly as regards the person's address,
- to prevent the person in question:
- causing physical injury to himself or any other person,
- suffering physical injury,
- causing loss of or damage to property,
- committing an offence against public decency (only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question), or
- causing an unlawful obstruction of the highway;
- to protect a child or other vulnerable person from the person in question,
- to allow the prompt and effective investigation of the offence or of the conduct of the person in question; or
- to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
Breach of the peace
Breach of the peaceBreach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
is one of the oldest, and most basic offences still in existence in England & Wales. It is an offence at common law, not codified, so it cannot be found in any act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
. The power of arrest in relation to breach of the peace is available to anyone (regardless of whether they are a constable or not), who may arrest without warrant:
- any person who commits a breach of the peace in his presence, or
- if they reasonably believe that a breach of the peace is about to occur or is imminent, any person in order to prevent that.
However, the Court of Appeal laid down the following conditions:
- there must be a real and present threat to the peace justifying depriving a citizen, not acting unlawfully at the time, of his liberty,
- the threat must come from the person arrested,
- the conduct must clearly interfere with the rights of others and its natural consequence must be not wholly unreasonable violence from a third party, and
- the conduct of the person arrested must be unreasonable.
Other powers of arrest
There are few powers of arrest without warrant where an offence is not either known or suspected to have been committed. A constable may arrest a person:Absconding or going AWOL
- who he has reasonable cause to suspect of being:
- an officer or rating of the Royal NavyRoyal NavyThe Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
, - an officer, warrant officer, non-commissioned officer or airman of the Royal Air ForceRoyal Air ForceThe Royal Air Force is the aerial warfare service branch of the British Armed Forces. Formed on 1 April 1918, it is the oldest independent air force in the world...
, - an officer, warrant officer, non-commissioned officer or soldier of the British ArmyBritish ArmyThe British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
,
- an officer or rating of the Royal Navy
- who has deserted or is absent without leave,
- who is unlawfully at large from a civilian prisonHM PrisonHer Majesty's Prisons is the name given to prisons in the United Kingdom, Australia, Grenada and Barbados. The title makes up part of the name of individual prisons and is usually abbreviated to HM Prison or HMP....
, secure accommodation or young offenders institutionHer Majesty's Young Offender InstitutionHer Majesty's Young Offenders Institution is a type of British prison intended for offenders aged between 18 and 20, although some prisons cater for younger offenders from ages 15 to 17, who are classed as juvenile offenders...
or military prison, - who has failed to answer bailBailTraditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
or street bail, - who has absconded whilst on remand for a report on their mental condition, on remand for treatment or subject to an interim hospital order under the Mental Health Act 1983Mental Health Act 1983The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
, - who has absconded whilst being transferred to or from the United Kingdom under a prisoner transfer agreement, or
- who has absconded from a place of safety to which he has been taken under the Powers of Criminal Courts (Sentencing) Act 2000 or from local authority accommodation in which he is required to live, or to which he has been remanded or committed.
- who is unlawfully at large from a civilian prison
Alcohol and driving
- who has provided a positive sample of breath (or has failed to provide any sample at all) under the Road Traffic or Transport and Works Acts, or
- who:
- has been required to provide a sample of breath, blood or urine under section 7 or section 7A of the Road Traffic Act 1988 (that is to say, an evidential, not a preliminary breath test)
- the constable believes is over the prescribed limit or is unfit to drive, and
- is likely to drive or attempt to drive a vehicle.
Other powers
- to take fingerprints after a conviction
- who has failed to comply with a conditional caution,
- who has committed an offence against bylaws made under the Military Lands Act 1892,
- who he reasonably suspects of being a "terrorist".In the Terrorism Act 2000, "terrorist" means a person who has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of that Act, or who is or has been concerned in the commission, preparation or instigation of acts of terrorism. "Terrorism" has the meaning given by section 1 of that Act.
Entry
A constable has the power, at common law, to enter premises to deal with or prevent a breach of the peaceBreach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
. A constable may also enter and search any premises for the purpose:
- of executing:
- a warrant of arrest issued in connection with or arising out of criminal proceedings, or
- a warrant of commitment issued under section 76 of the Magistrates' Courts Act 1980Magistrates' Courts Act 1980The Magistrates' Courts Act 1980 is an Act of the Parliament of the United Kingdom. It codifies the procedures applicable in magistrates' courts in the United Kingdom and largely replaces the Magistrates' Courts Act 1952...
,
- of arresting a person for an indictable offenceIndictable offenceIn many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
, - of arresting a person for an offence under:
- section 1 (prohibition of uniforms in connection with political objects) of the Public Order Act 1936Public Order Act 1936The Public Order Act 1936 is an Act of the Parliament of the United Kingdom passed to control extremist political movements in the 1930s such as the British Union of Fascists ....
, - any enactment contained in sections 6, 7, 8 or 10 of the Criminal Law Act 1977Criminal Law Act 1977The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...
(offences relating to entering and remaining on property), - section 4 of the Public Order Act 1986 (fear or provocation of violence),
- section 4 (driving etc. when under influence of drink or drugs) or section 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988,
- section 27 of the Transport and Works Act 1992Transport and Works Act 1992The Transport and Works Act 1992 was established by the Parliament of the United Kingdom to provide a system by which the construction of rail transport, tramway, inland waterway and harbour infrastructure could proceed in the UK by order of the Minister of State for Transport rather than, as...
(which relates to offences involving drink or drugs), - section 76 of the Criminal Justice and Public Order Act 1994Criminal Justice and Public Order Act 1994The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
(failure to comply with interim possession order), - any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals),
- section 1 (prohibition of uniforms in connection with political objects) of the Public Order Act 1936
- of arresting, in pursuance of section 32(1A) of the Children and Young Persons Act 1969, any child or young person who has been remanded or committed to local authority accommodation under section 23(1) of that Act,
- of arresting a person for an offence to which section 61 of the Animal Health Act 1981 (transportation etc. of animals during rabies outbreak) applies,
- of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained:
- in a prison, remand centre, young offender institution or secure training centre, or
- in pursuance of section 92 of the Powers of Criminal Courts (Sentencing ) Act 2000 (dealing with children and young persons guilty of grave crimes), in any other place,
- of recapturing any person whatever who is unlawfully at large and whom he is pursuing, or
- of saving life or limb or preventing serious damage to property.
A constable also has the power to enter any place in order to carry out a search under section 47 of the Firearms Act 1968
Firearms Act 1968
The Firearms Act of 1968 is a UK Act of Parliament controlling use and possession of firearms....
.
Road checks
A uniformed constable may stop any vehicle at any time under section 163 of the Road Traffic Act 1988. However, if a constable wishes, for one of the reasons given below, to stop all vehicles or certain vehicles selected by any criterion, then they must do so under the power granted by section 4 of the Police and Criminal Evidence Act 1984. A road check is normally only authorised by a police officer of the rank of superintendent or above, in which case the restrictions given in the second column apply. However, if it appears to an officer below the rank of superintendent that a road check is required (for one of the reasons below) as a matter of urgency, then he may authorise it himself. In this case, the conditions given in the second column do not apply.| Reason | Conditions for authorisation by superintendent |
|---|---|
| a person who has committed an offence (other than a road traffic offence or a vehicle excise offence) | if he has reasonable grounds:
|
| a person who is a witness to an offence (other than a road traffic offence or a vehicle excise offence) | if he has reasonable grounds for believing that the offence is an indictable offence |
| a person intending to commit an offence (other than a road traffic offence or a vehicle excise offence) | if he has reasonable grounds:
|
| a person who is unlawfully at large | if he has reasonable grounds for suspecting that the person is, or is about to be, in that locality. |
If an officer below the rank of superintendent gives authorisation, it must be referred to a superintendent as soon as it is practicable to do so. Where a superintendent gives authorisation for a road check, he:
- must specify a period, not exceeding seven days, during which the road check may continue, and
- may direct that the road check shall be continuous, or shall be conducted at specified times during that period.
If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may specify a further period, not exceeding seven days, during which it may continue.
In addition to the powers to conduct road checks given above, the police have a common law power to set up road checks and search vehicles stopped at them in order to prevent a breach of the peace.
Removal of disguises
Under section 60AA Criminal Justice and Public Order Act 1994Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
, if:
- an authorisation under section 60 of the Act (searching for weapons) is on force, or
- an inspector issues an authorisation under section 60AA on the grounds that he reasonably believes that:
- activities are going to take place in a certain part of his police areaPolice areaA police area is the area for which a territorial police force in the United Kingdom is responsible for policing.Every location in the United Kingdom has a designated territorial police force with statutory responsibility for providing policing services and enforcing criminal law, which is set out...
, - those activities will involve offences being committed, and
- to prevent or control those offences it is necessary to order the removal of disguises,
- activities are going to take place in a certain part of his police area
then a constable in uniform can:
- require a person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity, and
- seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.
Authorisations apply to one locality only, last for 24 hours, and the inspector who gives them must inform a superintendent
Superintendent (police)
Superintendent , often shortened to "super", is a rank in British police services and in most English-speaking Commonwealth nations. In many Commonwealth countries the full version is superintendent of police...
as soon as possible. A superintendent can extend the authorisation for a further 24 hours. Failure to remove a disguise when required is an offence.
External links
- Directgov Being stopped, questioned or arrested by the police (Directgov, England and Wales)