Powers of Arrest (Code G)

The police have powers to arrest anyone that has committed, is in the act of, or they suspect has committed or is about to commit an offence. The powers of arrest were updated by the Serious Organised Crime and Police Act (SOCPA) 2005.

The police can arrest a person:

• To check a person’s name or address
• To stop the person from:
  • Injuring themselves or another person
  • Being injured by others
  • Causing loss of or damage to property
  • Offending public decency
  • Unlawful obstruction of the highway
  • To protect a child or other venerable person
  • To allow investigation of an offence or the conduct of the arrested person
  • To allow prosecution of the offence and suspect does not disappear

A lawful arrest requires that:

• The person was involved, suspected of being involved or tried to be involved
• The person’s arrest is necessary.

The power to arrest can only be used when the officer thinks the arrest is necessary, if reporting for a summons, street bail, issuing a fixed penalty notice or any other action available is more appropriate.

The Criminal Justice and Public Order Act 1994 give the police the extra power to arrest anyone who breaches bail conditions.

Police can apply for a warrant to arrest a named person. The arrest warrant allows them to enter and search the suspect’s home so as to make an arrest. An arrest warrant is issued by a magistrate under the Magistrates’ Court Act 1980 and can only be issued with written evidence with evidence on oath to show that the person is suspected of committing an offence.

When the police arrest someone, they must tell them that they are arrested, and why, even if it is obvious. The way in which the officer says it must be understandable in simple, non-technical language to make it a lawful arrest.