What are the most common arrest powers used by police in the UK?
In the UK, police officers have specific legal powers to arrest individuals suspected of committing crimes. These powers are primarily derived from legislation, most notably the Police and Criminal Evidence Act 1984 (PACE). Here are the most common arrest powers used by police in England and Wales:
- Arrest Without a Warrant (Section 24 PACE)
This is the most frequently used power by police officers. It allows them to arrest a person without a warrant if they have reasonable grounds to suspect that individual is:
- Committing an offence,
- Has committed an offence, or
- Is about to commit an offence.
The officer must also believe the arrest is necessary, which could be for reasons such as:
- Preventing the person from causing injury or damage,
- Protecting a vulnerable person,
- Preventing the suspect from fleeing,
- Allowing for a prompt and effective investigation.
- Arrest With a Warrant
Police can also arrest individuals using a warrant issued by a magistrate. This is common in cases involving non-appearance at court, unpaid fines, or where the suspect is known and there is sufficient evidence but no immediate necessity for arrest under Section 24.
- Arrest Under the Misuse of Drugs Act 1971
This specific legislation allows officers to arrest individuals suspected of possessing, supplying, or producing controlled drugs.
- Arrest Under the Terrorism Act 2000
Police have extended powers under this Act to arrest without warrant anyone they reasonably suspect to be involved in terrorism-related activities. These powers are broader and can involve extended detention periods for investigation.
- Citizen’s Arrest (Also Under Section 24A PACE)
Although not a police power, it's worth noting that members of the public (including off-duty officers) can carry out a citizen’s arrest in certain limited circumstances, usually when a crime is in progress and it is impractical to wait for police.
Conclusion
Police in the UK rely mainly on their power to arrest without a warrant under Section 24 of PACE, however they need to ensure that arrests are both justified and necessary. While additional laws provide for specific situations, all arrests must comply with legal safeguards to protect individual rights and uphold the rule of law. Often this is not the case and police officers fail in the legality of their arrests.
If you have been arrested and believe the police did not act in accordance with their duties and are considering making a complaint and/or a civil claim against them, our Actions Against the Police team may be able to assist. If you would like more information please call us on 020 7632 4300 or Make an enquiry and we will contact you.
