Police and Criminal Evidence Act 1984

The Police and Criminal Evidence Act 1984 (commonly abbreviated as PACE) is a fundamental piece of legislation in the United Kingdom that regulates the powers of the police in relation to the investigation of crime, the treatment of suspects, and the admissibility of evidence. It aims to balance the need for effective law enforcement with the protection of individual rights and freedoms.

Background and Purpose

The Police and Criminal Evidence Act 1984 (PACE) was introduced in response to growing public concern over police powers and practices during the 1970s and early 1980s in the United Kingdom. Prior to PACE, police officers operated under a largely unwritten set of rules and common law principles that allowed for considerable discretion in conducting investigations, arrests, and interrogations. This sometimes led to inconsistent procedures and accusations of abuse of power, including unlawful detention, coercive interrogations, and lack of safeguards for suspects’ rights.

Several high-profile miscarriages of justice and cases of police misconduct highlighted the urgent need for statutory regulation. The Act was designed to create a clear, codified framework governing police conduct and the exercise of their powers. It aimed to establish a balance between empowering the police to effectively investigate and prevent crime while simultaneously protecting the civil liberties of individuals.

PACE was drafted following extensive consultation with legal experts, law enforcement agencies, human rights groups, and policymakers. It was intended to promote transparency, accountability, and fairness in the criminal justice system. The Act introduced statutory Codes of Practice to guide police officers on the appropriate exercise of powers such as stop and search, arrest, detention, and interviewing.

By clarifying police powers and outlining suspects’ rights, PACE sought to enhance public confidence in law enforcement and reduce the risk of abuses. It also aimed to improve the quality and admissibility of evidence collected during investigations, thereby supporting the integrity of prosecutions and the administration of justice.

Since its enactment, PACE has become a foundational statute within the UK’s legal framework, influencing subsequent legislation and police procedures. It continues to evolve through amendments and updated Codes of Practice to address emerging challenges in policing and criminal law.

The principal objectives of PACE include:

• Regulating police powers of stop and search, arrest, detention, and interviewing.
• Safeguarding the rights of individuals suspected or accused of crimes.
• Establishing procedures for the recording and handling of evidence.
• Defining the conduct expected of law enforcement officers during criminal investigations.

Key Provisions

The Police and Criminal Evidence Act 1984 (PACE) provides a comprehensive legal framework governing various aspects of police powers and procedures. Its key provisions are divided into several parts, each addressing specific elements of law enforcement and suspects’ rights.

1. Stop and Search (Part I)

PACE grants police officers the authority to stop and search individuals, vehicles, and premises when there are reasonable grounds to suspect involvement in criminal activity, particularly relating to stolen goods, offensive weapons, or prohibited articles.

• Reasonable Grounds: Officers must have objective and articulable reasons for the search based on facts or intelligence.
• Conduct of Searches: Searches must be carried out respectfully and without unnecessary intrusion, with special provisions for searches of vulnerable individuals.
• Record Keeping: Officers are required to issue a written record of the search on request, detailing the grounds and outcome, enhancing transparency and accountability.
• Code A: The specific procedures and standards for stop and search are detailed in Code A of the PACE Codes of Practice.

2. Arrest (Part II)

PACE codifies the circumstances under which a person may be lawfully arrested without a warrant:

• Reasonable Suspicion: Police must have reasonable suspicion that the individual is involved in a criminal offence.
• Necessity Test: An arrest is only lawful if necessary, for example, to prevent harm, enable investigation, protect a vulnerable person, or secure attendance at court.
• Information Rights: The arrested person must be promptly informed of the grounds for arrest in simple, clear language, including the right to legal advice and to have someone informed.
• Caution: The police must administer the standard caution (“You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court…”).

3. Detention and Interview (Part III)

The Act regulates the detention of suspects at police stations and their interviews to protect their rights and ensure fairness:

• Time Limits: Standard detention without charge is limited to 24 hours but can be extended to 36 or 96 hours for serious offences with magistrate approval.
• Access to Legal Advice: Detainees have the right to consult a solicitor privately and at any reasonable time.
• Interviews: Suspects must be cautioned before interviews, which should be recorded (audio or video) in most cases to ensure transparency and prevent coercion.
• Vulnerable Persons: Special safeguards apply for juveniles, mentally vulnerable, or otherwise at-risk individuals.

4. Codes of Practice

PACE introduced statutory Codes of Practice that provide detailed guidance on how police should exercise their powers lawfully:

• These codes cover areas including stop and search (Code A), detention and treatment of suspects (Code C), identification procedures (Code D), and use of police powers during investigations.
• The Codes are legally binding and subject to regular review and revision by the Home Office.
• Failure to adhere to the Codes can result in evidence being excluded in court or disciplinary action against officers.

5. Search Warrants and Entry (Part IV)

PACE governs the issuance and execution of search warrants:

• Judicial Oversight: Search warrants must be authorised by a magistrate, ensuring judicial scrutiny before police can enter premises without consent.
• Specificity: Warrants must specify the address and items to be searched for, limiting the scope and potential for abuse.
• Execution: Officers must follow prescribed procedures, including providing copies of warrants and respecting property rights.

6. Handling of Evidence and Seized Property

The Act includes provisions on the seizure, retention, and return of property and evidence:

• Inventory: Police must provide an inventory of seized items to the owner or person from whom they were taken.
• Safekeeping: Evidence and property must be securely stored to maintain integrity and prevent tampering.
• Return or Disposal: Procedures govern the return of property or lawful disposal if retention is justified.

Impact and Significance

The Police and Criminal Evidence Act 1984 (PACE) has had a profound and lasting influence on policing and the administration of justice in England and Wales. By codifying police powers and introducing statutory safeguards for suspects, PACE established a legal framework that balances effective law enforcement with the protection of individual rights.

Enhancing Police Accountability and Transparency

PACE introduced clear, statutory limits on police conduct, replacing previously ambiguous common law practices. The requirement for officers to follow detailed Codes of Practice and to record critical interactions—such as interviews and searches—has increased transparency and accountability. This has reduced incidences of abuse, coerced confessions, and unlawful searches, contributing to greater public trust in the police.

Safeguarding Suspects’ Rights

PACE significantly strengthened the rights of individuals suspected or accused of crimes. Protections such as:

• The right to be promptly informed of the reason for arrest.
• The right to legal advice during detention and interrogation.
• The right to have someone informed of their arrest.

These safeguards have been instrumental in ensuring fairness and due process in the criminal justice system.

Influencing Police Practice and Training

The Act’s detailed Codes of Practice have become essential training tools for law enforcement officers. Police forces incorporate PACE principles into their standard operating procedures, fostering consistent and lawful application of powers nationwide.

Impact on Criminal Investigations and Prosecutions

By regulating evidence collection and handling, PACE has helped improve the integrity and admissibility of evidence. The mandatory recording of interviews and procedures reduces disputes over police conduct and strengthens the prosecution’s case. It has also contributed to the reduction of wrongful convictions caused by improper police practices.

Legislative and Judicial Influence

PACE has served as a foundation for subsequent legislation relating to policing and criminal justice. Courts routinely interpret and apply PACE provisions and the accompanying Codes of Practice, shaping case law that further clarifies the balance between police powers and civil liberties.

Ongoing Relevance and Evolution

Since its enactment, PACE has undergone amendments and updates to address evolving challenges, such as advances in technology, changes in crime patterns, and emerging human rights standards. Its framework remains central to policing and criminal procedure in the UK.

Criticism and Challenges

While the Police and Criminal Evidence Act 1984 (PACE) is widely regarded as a landmark statute in regulating police powers and protecting suspects’ rights, it has faced various criticisms and ongoing challenges in practice.

Criticism of Implementation and Police Conduct

• Inconsistent Application: Despite statutory guidelines, critics note that police adherence to PACE and its Codes of Practice can be inconsistent across forces and individual officers. Instances of unlawful stop and searches, failure to properly caution suspects, or improper detention procedures continue to be reported.
• Disproportionate Impact on Minorities: Stop and search powers under PACE have been criticised for disproportionately targeting ethnic minority communities, raising concerns about racial profiling and undermining public confidence.
• Abuse of Powers: Some argue that the broad discretion granted to officers, especially during stop and search or arrest, allows for misuse or abuse of power in certain cases.

Challenges in Protecting Vulnerable Individuals

• Understanding of Rights: There is ongoing concern that vulnerable persons, including juveniles, those with mental health issues, or language barriers, may not fully understand their rights under PACE, potentially compromising fair treatment.
• Adequacy of Safeguards: While Codes of Practice provide additional protections for vulnerable detainees, critics question whether these measures are sufficiently robust or uniformly applied.

Procedural and Legal Complexities

• Evolving Legal Landscape: The interaction between PACE and other statutes, such as the Human Rights Act 1998 or the Criminal Justice Act 2003, can create complexities in legal interpretation and enforcement.
• Technological Advances: New investigative tools, such as digital surveillance and forensic technologies, pose challenges for PACE’s framework, necessitating updates to codes and procedures.

Impact on Justice Outcomes

• Evidence Admissibility: The strict procedural requirements under PACE sometimes lead to evidence being excluded in court due to technical breaches, potentially affecting prosecutions.
• Resource and Training Constraints: Ensuring comprehensive training and monitoring for police officers to comply fully with PACE can be resource-intensive and uneven across jurisdictions.

Calls for Reform and Review

• Various stakeholders, including legal experts, human rights organisations, and community groups, advocate for ongoing review and reform of PACE and its Codes of Practice to address shortcomings, improve fairness, and enhance accountability.
• Proposals include improved oversight mechanisms, enhanced training on cultural sensitivity and vulnerable groups, and clearer guidelines on the use of stop and search powers.

Stop and Search Powers

Section 1: Power of a Constable to Stop and Search Persons, Vehicles, and Articles

1. Where a Constable Can Exercise This Power:

A constable may stop and search under this section:

• (a) In any place to which the public, or a segment of it, has access at the time — whether that access is by payment, free entry, or via express or implied permission. Examples include streets, parks, shopping centres, or public transport stations.
• (b) In any other place that people can readily access at the time, provided it is not a dwelling (private home). This ensures respect for private residences while allowing police to act in accessible areas.

2. What a Constable May Search and Detain:

Subject to subsections (3) to (5), a constable:

• (a) May search:
  • Any person or vehicle;
  • Anything in or on a vehicle. The search targets stolen or prohibited articles, any article or substance specified under subsections (8A), (8AA), or fireworks as specified under subsection (8B).
• (b) May detain a person or vehicle temporarily for the purpose of carrying out such a search.

3. Requirement for Reasonable Grounds:

The constable must have reasonable grounds for suspecting that the search will uncover stolen or prohibited articles, specified substances, or illegal fireworks. Without such grounds, the search is unlawful — a vital safeguard against arbitrary or discriminatory stops.

4. Restrictions on Searching in Gardens, Yards, or Land Associated with a Dwelling:

• A constable may not search a person in a garden, yard, or other land occupied with and used for a dwelling, unless the constable reasonably believes:
  • The person does not live in the dwelling, and
  • The person is not there with the express or implied permission of someone who lives there.
• Similarly, a constable may not search a vehicle or anything in or on it in such a place unless they reasonably believe the person in charge of the vehicle does not reside there and the vehicle is not there with permission. These protections respect the privacy of residents and prevent unwarranted intrusion into private property.

5. Power to Seize:

If, during a search, the constable finds an article they reasonably suspect to be stolen, prohibited, or a prohibited firework, they are empowered to seize that item immediately, preventing further potential harm or criminal activity.

6. What Counts as a Prohibited Article?

An article is prohibited if it is:

• (a) An offensive weapon; or
• (b) An article:
  • Made or adapted for use in connection with specific offences (see below), or
  • Intended by the person possessing it for such use by themselves or another person.

7. Offences Linked to Prohibited Articles:

The offences related to such prohibited articles include but are not limited to:

• Burglary
• Theft
• Taking a motor vehicle without authority (Theft Act 1968, Section 12)
• Fraud (Fraud Act 2006, Section 1)
• Criminal damage (Criminal Damage Act 1971, Section 1)
• Wilful obstruction causing serious disruption (Highways Act 1980, Section 137)
• Public nuisance and serious disruption offences under the Police, Crime, Sentencing and Courts Act 2022 and Public Order Act 2023, including:
  • Locking-on offences
  • Tunnelling offences
  • Obstruction of major transport works
  • Interference with key national infrastructure

8. Special Categories of Articles and Substances:

• (8A) Applies to any article linked to offences under sections 139 or 139AA of the Criminal Justice Act 1988.
• (8AA) Applies to substances linked to offences under Section 6 of the Offensive Weapons Act 2019, notably the possession of corrosive substances in public places. This includes articles containing such substances.
• (8B) Applies to fireworks possessed in breach of fireworks regulations, as defined by the Fireworks Act 2003.

9. Definition of Offensive Weapon:

For this legislation, an offensive weapon means any article:

• (a) Made or adapted to cause injury to persons; or
• (b) Intended by the possessor for such use, by themselves or another.

Section 2: Provisions Relating to Search Under Section 1 and Other Powers

(1) A constable who detains a person or vehicle while exercising:

• (a) the power conferred by Section 1 (stop and search); or
• (b) any other power to:
  • (i) search a person without first arresting them; or
  • (ii) search a vehicle without making an arrest,

need not carry out the search if it subsequently appears that:

• (i) no search is required; or
• (ii) a search is impracticable.

(2) If a constable contemplates conducting a search, other than a search of an unattended vehicle, in the exercise of:

• (a) the power conferred by Section 1; or
• (b) any other power—except the power conferred by Section 6 and the power under Section 27(2) of the Aviation Security Act 1982—to:
  • (i) search a person without first arresting them; or
  • (ii) search a vehicle without making an arrest,

it shall be the constable’s duty, subject to subsection (4), to take reasonable steps before commencing the search to bring to the attention of the appropriate person:

• (i) documentary evidence of their status as a constable if not in uniform; and
• (ii) regardless of uniform, the matters specified in subsection (3) below.

The constable must not commence the search until this duty has been performed.

(3) The matters the constable must communicate are:

• (a) the constable’s name and the police station to which they are attached;
• (b) the purpose of the proposed search;
• (c) the grounds for proposing the search; and
• (d) the effect of Section 3(7) or (8), as appropriate.

(4) A constable need not explain the effect of Section 3(7) or (8) if it appears impracticable to make the record required by Section 3(1).

(5) In this section, “the appropriate person” means:

• (a) the person being searched, if the search is of a person; and
• (b) the person in charge of a vehicle, if the search concerns a vehicle or anything in or on it.

(6) Upon completing a search of an unattended vehicle or its contents under any such power mentioned in subsection (2), a constable must leave a notice inside the vehicle stating:

• (a) that a search has been carried out;
• (b) the name of the police station the constable is attached to;
• (c) that compensation for any damage caused by the search may be claimed at that police station; and
• (d) the effect of Section 3(8).

(7) The notice must be left inside the vehicle unless doing so risks damaging the vehicle.

(8) The length of time a person or vehicle may be detained for the purpose of the search is limited to what is reasonably necessary to conduct the search at the place of initial detention or nearby.

(9) Neither the power under Section 1 nor any other power to detain and search a person without arrest, or to detain and search a vehicle without arrest, authorises a constable to:

• (a) require a person to remove any clothing in public other than an outer coat, jacket, or gloves; or
• (b) stop a vehicle if the constable is not in uniform.

(10) The provisions of this section and Section 1 apply equally to vessels, aircraft, and hovercraft as they do to vehicles.

Section 3: Duty to Make Records Concerning Searches

(1) When a constable carries out a search under any power mentioned in Section 2(1), except:

• (a) a search under Section 6; or
• (b) a search under Section 27(2) of the Aviation Security Act 1982, a written record of the search must be made, unless it is not practicable to do so.

(2) If a record is required under subsection (1):

• (a) If the search results in a person being arrested and taken to a police station, the constable must ensure the record is included as part of the person’s custody record;
• (b) In any other case, the constable must make the record on the spot or, if that is not practicable, as soon as reasonably possible after the search is complete.

(6) The record of a search (whether of a person or a vehicle) must include:

• (a)
  • (i) The object of the search;
  • (ii) The grounds for carrying out the search;
  • (iii) The date and time the search was conducted;
  • (iv) The place where the search took place;
  • (v) Except for unattended vehicle searches, the ethnic origins of the person searched or the person in charge of the vehicle, as applicable;
• (b) Identification of the constable who carried out the search.

(6A) The ethnic origin recorded under subsection (6)(a)(v) must include:

• (a) The ethnic origins as described by the person themselves; and
• (b) If different, the ethnic origins as perceived by the constable.

(7) If a record of a search of a person has been made under this section, the person searched is entitled to request and receive a copy of the record provided the request is made within the period specified in subsection (9).

(8) If:

• (a) The owner or person in charge of a searched vehicle requests a copy of the search record within the period specified in subsection (9); and
• (b) A record of the vehicle search has been made, that person is entitled to receive a copy.

(9) The period for requesting a copy of the record, as stated in subsections (7) and (8), is 3 months from the date the search was conducted.

(10) The record-keeping requirements for vehicle searches also apply equally to searches of vessels, aircraft, and hovercraft.

Section 4: Road Checks

(1) This section governs police road checks conducted to determine whether a vehicle is carrying:

• (a) a person who has committed an offence other than a road traffic offence or a vehicle excise offence;
• (b) a person who is a witness to such an offence;
• (c) a person intending to commit such an offence; or
• (d) a person who is unlawfully at large.

(2) For the purposes of this section, a road check means the exercise in a locality of the power conferred by Section 163 of the Road Traffic Act 1988, applied so that all vehicles or vehicles selected by a certain criterion are stopped during the period the check continues in that area.

(3) Except as provided in subsection (5), a road check may only be authorised in writing by a police officer of the rank of superintendent or above.

(4) A superintendent or above may only authorise a road check under subsection (3) for the following purposes and conditions:

• (a) To stop a person who has committed an offence (other than a road traffic or excise offence), if the officer has reasonable grounds:
  • (i) to believe the offence is indictable; and
  • (ii) to suspect the person is, or is about to be, in the locality where the road check would occur;
• (b) To stop a person who is a witness to such an indictable offence, if there are reasonable grounds for belief;
• (c) To stop a person intending to commit such an indictable offence, if there are reasonable grounds for belief and suspicion that the person is, or will be, in the locality;
• (d) To stop a person unlawfully at large, if there are reasonable grounds for suspecting the person is, or will be, in that locality.

(5) A police officer below superintendent rank may authorise a road check if it appears urgently required for one of the purposes in subsection (1).

(6) If such urgent authorisation is given, the officer must:

• (a) make a written record of the time of authorisation; and
• (b) notify an officer of superintendent rank or above that the authorisation has been given.

(7) The duties in subsection (6) must be performed as soon as practicable.

(8) An officer of superintendent rank or above who is notified under subsection (6) may, in writing, authorise the continuation of the road check.

(9) If that officer considers the road check should not continue, they must record in writing:

• (a) that the road check took place; and
• (b) the purpose for which it took place.

(10) Every authorising officer must specify the locality in which vehicles are to be stopped.

(11) An authorisation, other than one under subsection (5), must:

• (a) specify a period not exceeding seven days during which the road check may operate; and
• (b) may direct that the road check be:
  • (i) continuous; or
  • (ii) conducted at specified times, during that period.

(12) A superintendent or above may extend a road check beyond the initial period by specifying further periods, each not exceeding seven days.

(13) Every written authorisation must specify:

• (a) the name of the authorising officer;
• (b) the purpose of the road check; and
• (c) the locality for the vehicle stops.

(14) The duties to specify the purposes of a road check include specifying any relevant indictable offence.

(15) If a vehicle is stopped during a road check, the person in charge at that time has the right to request a written statement of the road check’s purpose, provided the request is made within twelve months of the stop.

(16) Nothing in this section limits police officers’ power to stop vehicles for reasons other than those outlined in subsection (1).

Section 5: Reports of Recorded Searches and Road Checks

(1) Every annual report—

• (a) made under Section 22 of the Police Act 1996; or
• (b) made by the Commissioner of Police of the Metropolis— shall contain information relating to:
• (i) searches recorded under Section 3 which have been carried out in the relevant area during the report period; and
• (ii) road checks authorised in that area during the same period under Section 4.

(2) The information about searches shall not include details of specific individual searches but must include:

• (a) the total number of searches each month during the report period for:
  • (i) stolen articles;
  • (ii) offensive weapons, or articles to which Section 1(8A) applies; and
  • (iii) other prohibited articles;
• (b) the total number of persons arrested each month as a consequence of searches of the types specified in (a)(i) to (iii).

(3) The information about road checks shall include:

• (a) the reason each road check was authorised; and
• (b) the outcome or results of each road check.

Section 6: Statutory Undertakers and Their Constables

(1) A constable employed by statutory undertakers has the power to stop, detain, and search any vehicle before it leaves a goods area situated within the premises of the statutory undertakers.

(1A) Without limiting the powers under subsection (1), a constable employed by the British Transport Police Authority may stop, detain, and search any vehicle before it leaves a goods area located on the premises of any successor of the British Railways Board, provided that the area is used wholly or mainly for the purposes of a relevant undertaking.

(2) For the purposes of this section:

• “goods area” means any area used wholly or mainly for the storage or handling of goods;
• “successor of the British Railways Board” and “relevant undertaking” shall have the meanings given in the Railways Act 1993 (Consequential Modifications) Order 1999.

Section 7: Part I — Supplementary

(1) The following enactments shall cease to have effect:

• (a) Section 8 of the Vagrancy Act 1824;
• (b) Section 66 of the Metropolitan Police Act 1839;
• (c) Section 11 of the Canals (Offences) Act 1840;
• (d) Section 19 of the Pedlars Act 1871;
• (e) Section 33 of the County of Merseyside Act 1980; and
• (f) Section 42 of the West Midlands County Council Act 1980.

(2) Additionally, the following shall cease to have effect:

• (a) So much of any enactment contained in an Act passed before 1974, other than—
  • (i) an enactment contained in a public general Act; or
  • (ii) an enactment relating to statutory undertakers— as confers power on a constable to search for stolen or unlawfully obtained goods; and
• (b) So much of any enactment relating to statutory undertakers as provides that such power shall not be exercisable after the end of a specified period.

(3) In this Part of the Act, “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock, or harbour undertaking.

Section 8: Power of Justice of the Peace to Authorise Entry and Search of Premises

1. Where a constable applies, a justice of the peace may issue a warrant authorising entry and search of premises if satisfied on reasonable grounds that: (a) an indictable offence has been committed; (b) there is material on the premises likely to be of substantial value, alone or with other material, to the investigation of that offence; (c) the material is likely to be relevant evidence; (d) the material does not include items subject to legal privilege, excluded material, or special procedure material; and (e) any of the conditions specified in subsection (3) apply.
2. The premises to be searched may be: (a) one or more specific sets of premises detailed in the application (a “specific premises warrant”); or (b) any premises occupied or controlled by a specified person, including any such specified premises (an “all premises warrant”).
3. For an all premises warrant, the justice of the peace must also be satisfied that: (a) due to the particulars of the offence, it is necessary to search premises occupied or controlled by the person that are not specified in the application to locate the relevant material; and (b) it is not reasonably practicable to specify all such premises in the application.
4. The warrant may authorise multiple entries and searches if the justice of the peace considers it necessary, with the number of entries either unlimited or capped at a specified maximum.
5. A constable executing such a warrant may seize and retain anything found during the authorised search.
6. The conditions under subsection (1)(e) are: (a) it is not practicable to communicate with anyone entitled to grant entry; (b) it is practicable to communicate with someone entitled to grant entry but not with anyone entitled to grant access to the evidence; (c) entry will not be granted unless the warrant is produced; or (d) the search's purpose may be frustrated or seriously prejudiced unless immediate entry is secured.
7. “Relevant evidence” means anything admissible in evidence at trial for the offence in question.
8. This power to issue a warrant is additional to any other power to issue warrants.
9. This section applies equally to relevant offences under the Immigration Act 1971 as it does to indictable offences.
10. Warrants issued by officers of Revenue and Customs under this section are subject to the provisions of Section 4 of the Summary Jurisdiction (Process) Act 1881 regarding execution of English court processes in Scotland.

Section 9: Special Provisions as to Access

1. A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by applying under Schedule 1 of this Act, in accordance with the procedures set out within that Schedule.
2. Any Act—whether public or local—passed before this Act that allows a warrant to be issued to a constable for the purpose of searching premises in connection with a criminal investigation shall cease to have effect insofar as it authorises searches for the following: (a) items subject to legal privilege; (b) excluded material; or (c) special procedure material consisting of documents or records that are not documents.
3. Cross-jurisdictional effect: Section 4 of the Summary Jurisdiction (Process) Act 1881 and section 29 of the Petty Sessions (Ireland) Act 1851—which allow the execution of court process across borders—shall apply to any process issued by a circuit judge under Schedule 1 of this Act, just as they apply to process issued by magistrates’ courts under the Magistrates’ Courts Act 1980.

Section 10: Meaning of “Items Subject to Legal Privilege”

1. For the purposes of this Act, “items subject to legal privilege” refers—subject to subsection (2)—to the following: (a) Communications between a professional legal adviser and their client, or any person representing the client, where those communications are made in connection with the giving of legal advice to the client. (b) Communications between a professional legal adviser and their client, or any person representing the client—or between either of them and a third party—made in connection with or in contemplation of legal proceedings, and for the purpose of those proceedings. (c) Any items enclosed with or referred to in such communications, provided they were made:
   • (i) In connection with the giving of legal advice; or
   • (ii) In connection with or in contemplation of legal proceedings, and for the purpose of those proceedings; —provided they are in the possession of a person lawfully entitled to hold them.
2. However, this protection does not extend to any items that are held with the intention of furthering a criminal purpose. Such items shall not be treated as subject to legal privilege under this Act.

Section 11: Meaning of “Excluded Material”

1. Subject to the provisions that follow, “excluded material” under this Act refers to: (a) Personal records acquired or created by an individual in the course of any trade, business, profession, or other occupation—whether paid or unpaid—and which are held in confidence; (b) Human tissue or tissue fluid taken for the purposes of diagnosis or medical treatment, and held in confidence; (c) Journalistic material held in confidence, consisting of either:
   • (i) Documents; or
   • (ii) Records other than documents.
2. For the purposes of this section, material (excluding journalistic material) is considered held in confidence if it is subject to either: (a) An express or implied undertaking to maintain confidentiality; or (b) A legal restriction on disclosure or an obligation of secrecy imposed by any enactment, including those made after this Act.
3. Journalistic material is considered held in confidence if: (a) It is subject to an undertaking, restriction, or obligation as described in subsection (2); and (b) It has been continuously held—by one or more persons—under such terms since its creation or acquisition for journalistic purposes.

Section 12: Meaning of “Personal Records”

In this Part of the Act, “personal records” refers to documentary or other records that:

• Concern a specific individual (whether living or deceased) who can be identified from those records; and
• Relate to one or more of the following:

(a) The individual's physical or mental health;

(b) Spiritual counselling or assistance provided or intended to be provided to the individual;

(c) Counselling or assistance given or intended to be given for the purposes of the individual’s personal welfare, either by:

   (i) A voluntary organisation or individual who, by virtue of their office or occupation, bears responsibility for the individual’s welfare; or

   (ii) An individual acting under the authority of a court order that imposes supervisory responsibilities over the individual.

Section 13: Meaning of “Journalistic Material”

(1) For the purposes of this Act, “journalistic material” refers to any material that has been acquired or created for the purposes of journalism.

(2) However, such material qualifies as journalistic material only if it is in the possession of a person who acquired or created it for the purpose of journalism.

(3) A person who receives material from another individual who intends that the recipient shall use it for journalistic purposes shall be regarded as having acquired that material for those purposes.

Section 14: Meaning of “Special Procedure Material”

(1) Within the context of this Act, “special procedure material” refers to—

(a) material to which subsection (2) applies; and

(b) journalistic material, other than excluded material.

(2) This subsection applies to material, other than items subject to legal privilege or excluded material, which is in the possession of a person who—

(a) acquired or created it in the course of any trade, business, profession, or other occupation, or for the purpose of any paid or unpaid office; and

(b) holds it—

   (i) subject to an express or implied undertaking to hold it in confidence; or

   (ii) subject to a restriction or obligation as described in section 11(2)(b) of this Act.

(3) Where material is acquired—

(a) by an employee from their employer in the course of their employment; or

(b) by a company from an associated company,

such material shall be considered special procedure material only if it was already deemed special procedure material immediately prior to the acquisition.

(4) Where material is created by an employee in the course of their employment, it shall only be treated as special procedure material if it would have been considered such had it been created by the employer.

(5) Where material is created by a company on behalf of an associated company, it shall only be regarded as special procedure material if it would have been so considered had the associated company created it.

(6) For the purposes of this section, a company shall be treated as an associated company of another if it would be regarded as such under section 449 of the Corporation Tax Act 2010.

Section 15: Search Warrants — Safeguards

(1) This section and Section 16 apply to the issue of any warrant authorising constables to enter and search premises under any enactment (including those enacted after this Act). An entry or search carried out under a warrant is unlawful unless it complies with both Sections 15 and 16.

(2) When a constable applies for such a warrant, they must:

 (a) state—

   (i) the grounds for the application;

   (ii) the enactment under which the warrant would be issued; and

   (iii) if the application seeks authority to enter and search on more than one occasion, the reason for multiple entries and whether an unlimited number or a specified maximum number of entries is sought;

 (b) specify the matters set out in subsection (2A); and

 (c) identify, so far as practicable, the articles or persons to be sought.

(2A) The matters to be specified are—

 (a) If the application relates to one or more specific sets of premises: each set of premises to be entered and searched;

 (b) If the application relates to any premises occupied or controlled by a named person (an “all‑premises” application):

   (i) as many sets of premises as it is reasonably practicable to specify;

   (ii) the person who occupies or controls those premises (and any others it is desired to enter and search);

   (iii) why it is necessary to search premises beyond those specified in (i); and

   (iv) why it is not reasonably practicable to specify every premises it is desired to enter and search.

(3) The application must be made ex parte and supported by information in writing.

(4) The constable must answer on oath any questions put by the justice of the peace or judge hearing the application.

(5) A warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries.

(5A) Where multiple entries are authorised, the warrant must also state whether the number of entries is unlimited or limited to a specified maximum.

(6) Every warrant must:

 (a) specify—

   (i) the name of the applicant;

   (ii) the date of issue;

   (iii) the enactment under which it is issued; and

   (iv) either each set of premises to be searched or, for an all‑premises warrant, the person in occupation or control of the premises together with any premises under that person’s occupation or control that can be specified; and

 (b) identify, so far as practicable, the articles or persons to be sought.

(7) Copies of the warrant:

 • If the warrant specifies only one set of premises and does not authorise multiple entries, two copies must be made.

 • For any other kind of warrant, as many copies as are reasonably required may be made.

(8) All copies must be clearly certified as true copies of the original warrant.

Section 16: Execution of Warrants

(1) A warrant to enter and search premises may be executed by any constable.

(2) A warrant may also authorise other persons to accompany any constable who is executing it.

(2A) A person so authorised shall have the same powers as the constable whom they accompany, in respect of:

(a) the execution of the warrant; and

(b) the seizure of anything to which the warrant relates.

(2B) Such powers may only be exercised in the company of, and under the supervision of, a constable.

(3) Entry and search under a warrant must be conducted within three months from the date on which it was issued.

(3A) If the warrant is an all premises warrant, no premises not specified in the warrant may be entered or searched unless a police officer of at least the rank of inspector has given written authorisation.

(3B) No premises may be entered or searched for the second or subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has provided written authorisation for that entry.

(4) Entry and search must be conducted at a reasonable hour, unless it appears to the constable that doing so would frustrate the purpose of the search.

(5) Where the occupier of the premises is present at the time the constable seeks to execute the warrant, the constable shall:

(a) identify himself to the occupier and, if not in uniform, produce documentary evidence confirming he is a constable;

(b) produce the warrant to the occupier; and

(c) provide a copy of the warrant.

(6) Where the occupier is not present, but another person appears to the constable to be in charge of the premises, the obligations in subsection (5) shall apply as if that person were the occupier.

(7) If no person appears to be in charge of the premises, the constable shall leave a copy of the warrant in a prominent place on the premises.

(8) A search under a warrant shall only extend as far as required to achieve the purpose for which the warrant was issued.

(9) A constable executing a warrant shall endorse it with the following information:

(a) whether the articles or persons sought were found; and

(b) whether any articles were seized, including items not originally sought.

If the warrant does not relate to a single specific premises, the constable shall provide this information separately for each set of premises entered and searched, clearly identifying each set.

(10) A warrant shall be returned to the appropriate person described in subsection (10A):

(a) when it has been executed; or

(b) where it has not been executed (including all premises warrants or multiple-entry warrants), upon the expiry of three months from the date of issue, or sooner.

(10A) The “appropriate person” is—

(a) if the warrant was issued by a justice of the peace, the designated officer for the local justice area in which that justice was acting;

(b) if issued by a judge, the appropriate officer of the court from which the warrant was issued.

(11) A returned warrant shall be retained for 12 months from the date of its return—

(a) by the designated officer (where returned under subsection (10)(a)); or

(b) by the appropriate court officer (where returned under subsection (10)(b)).

(12) During the 12-month retention period, the occupier of the premises to which the warrant relates may request to inspect the warrant, and shall be permitted to do so.

Entry and search without search warrant

Section 17: Entry for Purpose of Arrest etc.

(1) Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose—

(a) of executing—

 (i) a warrant of arrest issued in connection with or arising out of criminal proceedings; or

 (ii) a warrant of commitment issued under section 76 of the Magistrates’ Courts Act 1980;

(b) of arresting a person for an indictable offence;

(c) of arresting a person for an offence under—

 (i) section 1 of the Public Order Act 1936 (prohibition of uniforms in connection with political objects);

 (ii) any enactment contained in sections 6 to 8 or 10 of the Criminal Law Act 1977 (offences relating to entering and remaining on property);

 (iii) section 4 of the Public Order Act 1986 (fear or provocation of violence);

 (iiia) section 4 or 163 of the Road Traffic Act 1988 (driving under the influence or failure to stop for a constable in uniform);

 (iiib) section 27 of the Transport and Works Act 1992 (offences involving drink or drugs);

 (iv) section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with an interim possession order);

 (v) any of sections 4, 5, 6(1) and (2), 7, and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to harm to animals);

 (vi) section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in a residential building);

(cza) of arresting a person whom the constable has reasonable grounds for believing is in breach of a domestic abuse protection notice given under section 22 of the Domestic Abuse Act 2021;

(ca) of arresting, in pursuance of section 32(1A) of the Children and Young Persons Act 1969, any child or young person remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

(caa) of arresting a person for an offence to which section 61 of the Animal Health Act 1981 applies;

(cab) of arresting a person under any of the following provisions—

 (i) section 30D(1) or (2A);

 (ii) section 46A(1) or (1A);

 (iii) section 5B(7) of the Bail Act 1976 (failure to surrender to custody under a court order);

 (iv) section 7(3) of the Bail Act 1976 (arrest for likelihood of failing to surrender or absconding);

 (v) section 97(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (breach of remand conditions by a child);

(cb) of recapturing any person who is, or is deemed to be, unlawfully at large while liable to be detained—

 (i) in a prison, young offender institution, secure training centre, or secure college; or

 (ii) in any other place in pursuance of section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 260 of the Sentencing Code;

(d) of recapturing any person whatsoever who is unlawfully at large and whom the constable is pursuing; or

(e) of saving life or limb or preventing serious damage to property.

(2) Except for the purpose specified in subsection (1)(e), the powers of entry and search conferred by this section—

(a) are only exercisable if the constable has reasonable grounds for believing that the person being sought is on the premises; and

(b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—

 (i) any parts of the premises used in common by the occupiers of the various dwellings; and

 (ii) any specific dwelling in which the constable has reasonable grounds for believing the person may be.

(3) The powers of entry and search conferred by this section are only exercisable for the purposes specified in subsection (1)(c)(ii), (iv), or (vi) by a constable in uniform.

(4) The power of search conferred by this section is limited to the extent reasonably required for the purpose for which the entry is made.

(5) Subject to subsection (6), all rules of common law under which a constable may enter premises without a warrant are abolished.

(6) Nothing in subsection (5) affects any power of entry at common law for the purpose of dealing with or preventing a breach of the peace.

Section 18: Entry and Search After Arrest

(1) Subject to the following provisions of this section, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—

(a) to that offence; or

(b) to some other indictable offence which is connected with or similar to that offence.

(2) A constable may seize and retain anything for which he may search under subsection (1) above.

(3) The power to search conferred by subsection (1) is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.

(4) Subject to subsection (5), the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.

(5) A constable may conduct a search under subsection (1)—

(a) before the person is taken to a police station or released under section 30A; and

(b) without obtaining an authorisation under subsection (4),

if the condition in subsection (5A) is satisfied.

(5A) The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.

(6) If a constable conducts a search by virtue of subsection (5), he shall inform an officer of the rank of inspector or above that he has made the search as soon as practicable after he has made it.

(7) An officer who—

(a) authorises a search; or

(b) is informed of a search under subsection (6),

shall make a record in writing—

(i) of the grounds for the search; and

(ii) of the nature of the evidence that was sought.

(8) If the person who was in occupation or control of the premises at the time of the search is in police detention at the time the record is to be made, the officer shall make the record as part of his custody record.

Seizure etc

Section 19: General Power of Seizure etc.

(1) The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.

(2) The constable may seize anything which is on the premises if he has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence; and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing—

(a) that it is evidence in relation to an offence which he is investigating or any other offence; and

(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.

(4) The constable may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form if he has reasonable grounds for believing—

(a) that—

(i) it is evidence in relation to an offence which he is investigating or any other offence; or

(ii) it has been obtained in consequence of the commission of an offence; and

(b) that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.

(5) The powers conferred by this section are in addition to any power otherwise conferred.

(6) No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after this Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.

Section 20: Extension of Powers of Seizure to Computerised Information

(1) Every power of seizure which is conferred by an enactment to which this section applies on a constable who has entered premises in the exercise of a power conferred by an enactment shall be construed as including a power to require any information stored in any electronic form contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(2) This section applies—

(a) to any enactment contained in an Act passed before this Act;

(b) to sections 8 and 18 above;

(c) to paragraph 13 of Schedule 1 to this Act; and

(d) to any enactment contained in an Act passed after this Act.

Section 21: Access and Copying

(1) A constable who seizes anything in the exercise of a power conferred by any enactment, including an enactment contained in an Act passed after this Act, shall, if so requested by a person showing himself—

(a) to be the occupier of premises on which it was seized; or

(b) to have had custody or control of it immediately before the seizure,

provide that person with a record of what he seized.

(2) The officer shall provide the record within a reasonable time from the making of the request for it.

(3) Subject to subsection (8) below, if a request for permission to be granted access to anything which—

(a) has been seized by a constable; and

(b) is retained by the police for the purpose of investigating an offence,

is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of a constable.

(4) Subject to subsection (8) below, if a request for a photograph or copy of any such thing is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized, or by someone acting on behalf of such a person, the officer shall—

(a) allow the person who made the request access to it under the supervision of a constable for the purpose of photographing or copying it; or

(b) photograph or copy it, or cause it to be photographed or copied.

(5) A constable may also photograph or copy, or have photographed or copied, anything which he has power to seize, without a request being made under subsection (4) above.

(6) Where anything is photographed or copied under subsection (4)(b) above, the photograph or copy shall be supplied to the person who made the request.

(7) The photograph or copy shall be so supplied within a reasonable time from the making of the request.

(8) There is no duty under this section to grant access to, or to supply a photograph or copy of, anything if the officer in charge of the investigation for the purposes of which it was seized has reasonable grounds for believing that to do so would prejudice—

(a) that investigation;

(b) the investigation of an offence other than the offence for the purposes of investigating which the thing was seized; or

(c) any criminal proceedings which may be brought as a result of—

(i) the investigation of which he is in charge; or

(ii) any such investigation as is mentioned in paragraph (b) above.

(9) The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant.

(10) The references to a constable in subsections (1) and (2) do not include a constable who has seized a thing under paragraph 19ZE of Schedule 3 to the Police Reform Act 2002.

Section 22: Retention

(1) Subject to subsection (4) below, anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.

(2) Without prejudice to the generality of subsection (1) above—

(a) anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below—

   (i) for use as evidence at a trial for an offence; or

   (ii) for forensic examination or for investigation in connection with an offence; and

(b) anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

(3) Nothing seized on the ground that it may be used—

(a) to cause physical injury to any person;

(b) to damage property;

(c) to interfere with evidence; or

(d) to assist in escape from police detention or lawful custody,

may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.

(4) Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.

(5) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.

(6) This section also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971.

(7) The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant.

Section 23: Meaning of “premises” etc.

In this Act—

“premises” includes any place and, in particular, includes—

(a) any vehicle, vessel, aircraft or hovercraft;

(b) any offshore installation;

(ba) any renewable energy installation;

(c) any tent or movable structure.

“offshore installation” has the meaning given to it by section 1 of the Mineral Workings (Offshore Installations) Act 1971.

“renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004.

Arrest

Section 24: Arrest without warrant: constables

(1) A constable may arrest without a warrant—

(a) anyone who is about to commit an offence;

(b) anyone who is in the act of committing an offence;

(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3) If an offence has been committed, a constable 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.

(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5) The reasons are—

(a) to enable the name of the person in question to be ascertained (where the constable does not know, cannot readily ascertain, or doubts the truth of the name given);

(b) correspondingly as regards the person's address;

(c) to prevent the person in question—

  (i) causing physical injury to himself or any other person;

  (ii) suffering physical injury;

  (iii) causing loss of or damage to property;

  (iv) committing an offence against public decency (subject to subsection (6)); or

  (v) causing an unlawful obstruction of the highway;

(d) to protect a child or other vulnerable person from the person in question;

(e) to allow the prompt and effective investigation of the offence or the conduct of the person in question;

(f) to prevent any prosecution for the offence being hindered by the disappearance of the person in question.

(6) Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

Section 24A: Arrest without warrant: other persons

(1) A person other than a constable may arrest without a warrant—

(a) anyone who is in the act of committing an indictable offence, including either-way offences when they are being prosecuted on indictment (for example, theft, assault occasioning actual bodily harm (ABH), or certain forms of criminal damage where the damage exceeds £5,000);

(b) anyone whom they have reasonable grounds for suspecting to be committing an indictable offence, including qualifying either-way offences.

(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—

(a) anyone who is guilty of the offence;

(b) anyone whom they have reasonable grounds for suspecting to be guilty of it.

(3) The power of arrest under subsection (1) or (2) may only be exercised if—

(a) the person making the arrest has reasonable grounds for believing that it is necessary to arrest the person in question for one of the reasons listed in subsection (4); and

(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make the arrest instead.

(4) The reasons for which the arrest must be considered necessary are to prevent the person in question—

(a) causing physical injury to themselves or any other person;

(b) suffering physical injury;

(c) causing loss of or damage to property; or

(d) making off before a constable can assume responsibility for them.

(5) This section does not apply in relation to offences under Part 3 or 3A of the Public Order Act 1986, which relate to certain public order and hate speech offences.

What counts as an "indictable offence"?

An indictable offence is one that is triable in the Crown Court. This includes:

Indictable-only offences, such as murder or robbery

Either-way offences, such as theft, fraud, and ABH, which may be tried either in the Magistrates’ Court or the Crown Court depending on severity

However, not all either-way offences will qualify. For example:

Criminal damage under £5,000 is not triable on indictment and does not qualify for arrest under this power

Making off without payment (bilking) is an either-way offence and does qualify

Youth offenders

Most indictable offences committed by youths can be tried in the Youth Court unless the case involves homicide or certain firearms offences, or unless the Youth Court’s sentencing powers (maximum 2 years’ detention) are deemed insufficient.

Example: Fraud Act offences

Offences under the Fraud Act 2006 such as those in sections 6 and 11 are either-way offences. They carry:

Up to 12 months’ imprisonment on summary conviction (Magistrates’ Court)

Up to 5 years’ imprisonment on indictment (Crown Court)

Section 11 offences include acts like making off without paying in a licensed vehicle (e.g., taxi fare evasion), which may be relevant in practical arrest scenarios.

Procedure

There is no legally required wording for a lawful arrest by a member of the public. However, to comply with legal obligations, you must:

Inform the person that they are being arrested

Explain the reason for the arrest

State what offence you believe they have committed

You must do this as soon as reasonably practicable.

Use of force and liability

Reasonable force may be used to carry out the arrest, but excessive or unnecessary force may result in civil or criminal liability. Anyone attempting such an arrest should carefully consider:

The seriousness of the offence

The risk to themselves and others

The practicality of calling the police instead

Summary

A person other than a constable may arrest someone without a warrant if they:

Are committing, or reasonably suspected of committing, an indictable offence (including qualifying either-way offences); or

Have already committed such an offence or are reasonably suspected of having done so

This arrest power is only valid when it is both:

Necessary to prevent injury, damage, or escape

Not reasonably practicable for a constable to make the arrest

The power does not apply to offences under Part 3 or 3A of the Public Order Act 1986.

Offences You Cannot Make a Citizen's Arrest For

A citizen’s arrest can only be made for indictable offences or either-way offences being treated as indictable (i.e. tried on indictment in the Crown Court). It cannot lawfully be used for summary-only offences, which are less serious and can only be tried in a Magistrates’ Court.

Attempting to arrest someone for a summary-only offence may result in unlawful detention, civil claims for false imprisonment, or even criminal charges (e.g. assault or battery).

Examples of offences you cannot lawfully perform a citizen’s arrest for include:

• Being drunk and disorderly in a public place – summary-only offence under the Licensing Act 1872
• Using threatening or abusive words or behaviour – e.g. under section 5 of the Public Order Act 1986 (summary-only)
• Possession of cannabis for personal use – typically a summary offence; arrest power unlikely unless aggravating factors are present (e.g. intent to supply, risk of harm, or attempt to flee)
• Common assault – usually tried summarily unless there are serious aggravating features
• Failure to produce a TV licence or failure to pay a fine – non-criminal regulatory matters
• Littering or fly-posting – civil or local authority enforcement issues, not criminal offences triable on indictment
• Trespassing – in most cases, simple trespass is a civil wrong, not a criminal offence
• Driving without insurance or speeding – summary offences under the Road Traffic Act unless elevated by factors like dangerous driving or causing serious injury
• Minor public order offences – such as shouting or swearing in public, unless they escalate into more serious offences like threatening behaviour or assault occasioning actual bodily harm (ABH)

Examples of When You Can Make a Citizen’s Arrest

You may carry out a citizen’s arrest if all the following conditions are met:

• The offence is indictable (or an either-way offence being treated as such);
• The person is in the act of committing the offence or has already committed it;
• You have reasonable grounds for your belief;
• The arrest is necessary (e.g. to stop injury, damage, escape, etc.);
• It is not practicable to wait for police to attend first.

Shoplifting (Theft)

You see a man put several items in his coat in a shop, walk past the tills without paying, and head for the exit.

• Offence: Theft (either-way, typically treated as indictable)
• Action: You can detain him using reasonable force until police arrive
• Why it's lawful: Theft is an either-way offence and often triable on indictment; the man was actively committing it; you may believe he’ll flee if not stopped

Assault Occasioning Actual Bodily Harm (ABH)

You witness a woman punch someone several times in the face, causing visible injury.

• Offence: ABH (either-way, but always considered indictable for citizen’s arrest)
• Action: You detain her if she attempts to flee
• Why it's lawful: ABH is an indictable offence; arrest is likely necessary to prevent further harm or escape

Criminal Damage

You see someone smashing car windows with a brick outside your home.

• Offence: Criminal damage – an either-way offence, which is treated as indictable when the value of damage exceeds £5,000 or when circumstances are serious (e.g. repeated attacks, danger to public).
• Action: You detain the offender using reasonable force.
• Why it’s lawful: They are in the act of committing an indictable offence under section 24A(1)(a), and arrest may be necessary to prevent further damage or to stop them making off before police arrive.

Possession of an Offensive Weapon in Public

You spot a man in the street waving a machete and threatening passers-by.

• Offence: Possession of an offensive weapon in a public place (indictable)
• Action: You detain him, if safe to do so, until police arrive
• Why it's lawful: This is a clear indictable offence with risk to others — immediate intervention may be necessary

Burglary in Progress

You find someone breaking into your neighbour’s house through a window at night.

• Offence: Burglary (indictable-only offence)
• Action: You detain him after confronting him in the act
• Why it's lawful: It’s a serious indictable offence in progress, and the person is clearly committing it

Arson

You catch someone deliberately setting fire to rubbish bins behind a shop.

• Offence: Arson (indictable-only)
• Action: You tackle and hold the person until police arrive
• Why it's lawful: Arson is an indictable offence, likely to cause property damage or injury — urgent intervention is justified

Dangerous Driving and Hit-and-Run

You see a driver deliberately speed through a pedestrian crossing, striking a person, and attempt to flee on foot.

• Offence: Dangerous driving (either-way, often treated as indictable); failing to stop at an accident
• Action: You detain the driver as they run
• Why it's lawful: The person is fleeing the scene of a serious indictable offence — arrest is necessary to prevent escape

Escaping from Lawful Custody

You witness a suspect who was already under arrest by the police break free from the back of a police van and run off.

• Offence: Escape from lawful custody (an indictable offence), as well as any indictable offences for which the suspect was originally arrested (e.g., theft, assault).
• Action: You pursue the suspect and, if it is safe to do so, detain them using reasonable force until the police can regain control. It is important to notify the police immediately and keep the suspect in sight without escalating the situation.
• Why it's lawful: Escaping lawful custody is itself an indictable offence. Since the suspect is actively evading police and may pose a danger to others or attempt to avoid justice, a citizen’s arrest is justified to prevent further escape or harm. The arrest must be necessary and proportionate to the circumstances, and the suspect must be handed over to police as soon as possible.

Assault with Intent to Resist Arrest

You see a person physically attacking a police officer or another individual while trying to avoid being detained.

• Offence: Assault with intent to resist or prevent lawful arrest (an either-way offence)
• Action: You may intervene to detain the person using reasonable force, especially if they are actively resisting arrest or assaulting the officer, until the police can regain control.
• Why it's lawful: This offence involves resisting lawful arrest, which is serious and indictable. Detaining the person is necessary to prevent further violence, ensure the arrest proceeds, and protect the safety of officers and bystanders. Any force used must be proportionate and necessary.

Aggressive Road Rage with a Baseball Bat (Assault in Progress)

You witness a man aggressively approaching another driver while wielding a baseball bat, clearly intending to strike them.

• Offence: Assault (which can include Battery, Assault Occasioning Actual Bodily Harm (ABH), or Grievous Bodily Harm (GBH), all indictable offences) and possession of an offensive weapon in a public place (also an indictable offence).
• Action: You may detain the man using reasonable force if safe to do so, to prevent him from carrying out the assault and causing injury, until police arrive. Immediate intervention may be necessary to protect the victim.
• Why it's lawful: The man is actively committing assault and poses a clear risk of serious injury. Arresting him is justified to prevent further harm and to stop the indictable offence in progress, provided force used is proportionate and necessary.

Caveats

Limited to Serious Offences

Section 24A applies only to indictable offences and certain either-way offences being treated as indictable. It does not apply to summary-only offences, which are lower-level offences tried exclusively in the Magistrates’ Court.

Reasonable Grounds and Necessity

A citizen’s arrest must be based on reasonable grounds to suspect the person is committing or has committed a qualifying offence. It must also be necessary—such as to prevent injury, property damage, or escape. Arrests made without both elements may be deemed unlawful.

Potential Legal Liability

Misuse of citizen’s arrest powers can lead to civil liability (e.g. false imprisonment or battery) and even criminal charges if the use of force is excessive or the detention is unlawful.

Use of Force

Only reasonable and proportionate force may be used when making an arrest. Unnecessary or excessive force can result in legal consequences for assault or actual bodily harm (ABH).

Duty to Contact Police

A person making a citizen’s arrest must hand the suspect over to the police as soon as practicable. Continued detention beyond what is necessary to ensure police attendance may become unlawful.

Safety Risks

Attempting a citizen’s arrest may put the arrestor at risk of injury or retaliation. Members of the public are encouraged to prioritise personal safety and avoid confrontation where possible.

Complexity of the Law

The legal requirements for a lawful citizen’s arrest are complex. Misunderstanding them may lead to serious consequences. It is strongly advised to exercise extreme caution and involve the police wherever practicable.

Section 26: Repeal of statutory powers of arrest without warrant or order

(1) Subject to subsection (2) below, so much of any Act (including a local Act) passed before this Act as enables a constable—

(a) to arrest a person for an offence without a warrant; or

(b) to arrest a person otherwise than for an offence without a warrant or an order of a court,

shall cease to have effect.

(2) Nothing in subsection (1) above affects the enactments specified in Schedule 2 to this Act.

This section cancels all previous laws that allowed police officers to arrest someone without a warrant, except for specific powers listed in Schedule 2 of the Act.

In simple terms, it means that from 1984 onwards, the rules about when and how police can arrest without a warrant are mainly governed by PACE itself, rather than a mix of older laws. This helps make arrest powers clearer, more consistent, and subject to proper safeguards.

Some special arrest powers remain unchanged because Parliament specifically preserved them in Schedule 2.

Section 28: Information to be given on arrest

(1) Subject to subsection (5) below, where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest.

(2) Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious.

(3) Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.

(4) Where a person is arrested by a constable, subsection (3) above applies regardless of whether the ground for the arrest is obvious.

(5) Nothing in this section is to be taken to require a person to be informed—

• (a) that he is under arrest; or
• (b) of the ground for the arrest,

if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.

Section 29: Voluntary attendance at police station etc.

Where, for the purpose of assisting with an investigation, a person attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested—

(a) he shall be entitled to leave at will unless he is placed under arrest;

(b) he shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.

Section 30: Arrest elsewhere than at police station

(1) Subsection (1A) applies where a person is, at any place other than a police station—

(a) arrested by a constable for an offence, or

(b) taken into custody by a constable after being arrested for an offence by a person other than a constable.

(1A) The person must be taken by a constable to a police station as soon as practicable after the arrest.

(1B) Subsection (1A) has effect subject to section 30A (release of a person arrested elsewhere than at police station) and subsection (7) (release without bail).

(2) Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under subsection (1A) shall be a designated police station.

(3) A constable to whom this subsection applies may take an arrested person to any police station unless it appears to the constable that it may be necessary to keep the arrested person in police detention for more than six hours.

(4) Subsection (3) applies—

(a) to a constable working in a locality covered by a police station which is not a designated police station; and

(b) to a constable belonging to a body of constables maintained by an authority other than a local policing body.

(5) Any constable may take an arrested person to any police station if—

(a) either of the following conditions is satisfied—

 (i) the constable has arrested him without assistance and no other constable is available;

 (ii) the constable has taken him into custody from a person other than a constable without assistance and no other constable is available; and

(b) it appears to the constable that he will be unable to take the arrested person to a designated police station without the arrested person injuring himself, the constable or another person.

(6) If the first police station to which an arrested person is taken after arrest is not a designated police station, he shall be taken to a designated police station not more than six hours after arrival at the first police station unless he is released previously.

(7) A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.

(7A) The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest.

(8) A constable who releases a person under subsection (7) shall record the fact.

(9) The constable shall make the record as soon as practicable after the release.

(10) Nothing in subsection (1A) or section 30A prevents a constable delaying taking a person to a police station or releasing him under section 30A if the condition in subsection (10A) is satisfied.

(10A) The condition is that the presence of the person at a place (other than a police station) is necessary to carry out such investigations as it is reasonable to carry out immediately.

(11) Where there is any such delay, the reasons must be recorded when the person first arrives at the police station or is released.

(12) Nothing in subsection (1A) or section 30A affects:

(a) paragraphs 16(3) or 18(1) of Schedule 2 to the Immigration Act 1971;

(b) section 34(1) of the Criminal Justice Act 1972;

(c) any provision of the Terrorism Act 2000; or

(d) section 27 of and Schedule 6 to the National Security Act 2023.

(13) Nothing in subsection (1) affects paragraph 18(3) of Schedule 2 to the Immigration Act 1971.

Section 31: Arrest for further offence

Where—

(a) a person—

 (i) has been arrested for an offence; and

 (ii) is at a police station in consequence of that arrest; and

(b) it appears to a constable that, if he were released from that arrest, he would be liable to arrest for some other offence,

he shall be arrested for that other offence.

Section 32: Search upon arrest

(1) A constable may search an arrested person at a place other than a police station if the constable has reasonable grounds for believing the arrested person may present a danger to themselves or others.

(2) Subject to subsections (3) to (5), a constable also has the power—

 (a) to search the arrested person for anything—

  (i) which they might use to escape lawful custody; or

  (ii) which might be evidence relating to an offence; and

  (b) if the offence is an indictable offence, to enter and search any premises where the person was arrested or immediately before arrest, for evidence related to the offence.

(3) The search power under subsection (2) is limited to what is reasonably required to discover such items or evidence.

(4) The search power does not authorise removal of clothing in public, except an outer coat, jacket or gloves, but does authorise a search of a person’s mouth.

(5) A constable may only search a person under subsection (2)(a) if they have reasonable grounds to believe the person may be concealing such items.

(6) A constable may only search premises under subsection (2)(b) if they have reasonable grounds to believe there is evidence on the premises.

(7) For premises with multiple dwellings, the search is limited to—

 (a) the dwelling where the arrest took place or immediately before; and

 (b) any common parts used by occupants.

(8) When searching under subsection (1), a constable may seize and retain anything found if reasonably believed it might cause physical injury.

(9) When searching under subsection (2)(a), a constable may seize and retain anything found, except legally privileged items, if reasonably believed it might be used to escape or is evidence of an offence.

(10) Nothing in this section affects the powers under section 43 of the Terrorism Act 2000.