Cuffs and Custody

Posted: 30 July 2024

Civilian and Police Powers of Arrest

The first thing that is likely to come to mind when you think of a police officer is that they arrest people. However, aside from knowing that an arrest usually results in being placed in handcuffs and taken to a police station. How much do you really know about what it is and what it means?

Who can place someone under arrest?

Contrary to common belief, it isn’t only police officers who have the power to effect an arrest, although it can be argued that it is more common for them to do so than any other person. That being said, any person has the power to arrest someone under Section 24A of the Police and Criminal Evidence Act (PACE) 1984. In order to do this, the individual who is to be arrested must be suspected by the person effecting the arrest.  To have committed an indictable offence or be in the process of committing an indictable offence.

All criminal offences are split into one of three categories, those being Summary offences, Either Way offences and Indictable only offences. Summary offences can only be tried in the Magistrates’ Court. Either Way offences, can be tried in either the Magistrates’ Court or the Crown Court, and Indictable only offences can only be tried in the Crown Court. When section 24A PACE 1984 refers to an Indictable offence, it means an offence that can be tried either way or can only be tried on indictment. Put simply, a civilian may only arrest a someone if the offence they are arresting them for can be tried in the Crown Court. In addition, they must believe it is not reasonably practicable for a constable to make the arrest instead. Finally, the person making the arrest must do so because they believe it is necessary 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, or making off before a constable can assume responsibility for them.

How do a constable’s powers of arrest differ?

Whilst anyone can effect an arrest under the right circumstances, police officers can exercise this power in different ways and for different reasons. Section 24 PACE 1984 confers upon constables the power to arrest anyone who is about to commit an offence, is in the act of committing an offence, whom they suspect to be about to commit an offence, or whom they suspect to be committing an offence. Additionally, if they suspect an offence has been committed, they may arrest whomever they suspect to be guilty of committing it. Contrary to a civilian arrest under Section 24A PACE 1984, police officers can arrest for summary only offences in addition to offences that are indictable.

When exercising their power of arrest, the police have a duty to explain their grounds for arresting the person in question, the offence for which that person is being arrested. As well as cautioning the suspect – must explain why the arrest is necessary. With regards to necessity, there is a prescribed list in Section 24 PACE 1984 from which the arresting officer must identify and explain at least one for the arrest to be lawful. The reasons are as follows: to allow for a prompt and effective investigation (usually by means of an interview). To prevent the person’s disappearance. To protect a child or vulnerable person. To prevent an obstruction of the highway; to prevent physical injury. To prevent an offence against public decency. To prevent loss or damage to property. Plus, to ascertain the name and/or address of the person.

What do I do if I’m arrested?

Being arrested is likely to be a highly distressing and frightening time for anyone. It is vital you have a trained, experienced legal advisor to explain the process to you. To ensure the arrest was lawful and – where it is not – make representations to the appropriate person to try and secure your release. Anyone at a police station is entitled to free and independent legal advice and representation. If you are arrested, ask the Custody Officer for THB Solicitors, criminal defence team and we will ensure that one of our highly skilled Police Station Representatives assists you in any way they can in addition to guiding you through the process. For more information if you require legal support and advice, please contact us. Call Braintree 01376 559690 or Chelmsford 01245 493959 or send an email.