Police Powers: Arrest – S24 PACE, As Amended By Serious Organised Crime And Police Act 2005; PACE Code G (Copy)

1.2.4 Police Powers

Arrest – s.24 Police and Criminal Evidence Act 1984 (PACE), as Amended by Serious Organised Crime and Police Act 2005; PACE Code G

Introduction

• Arrest is one of the most intrusive powers of the police: it involves depriving an individual of their liberty.
• Governed by:
  • s.24 PACE 1984, as significantly amended by the Serious Organised Crime and Police Act (SOCPA) 2005.
  • PACE Code G, which provides detailed guidance on lawful use of arrest.
• Purpose of arrest:
  • To bring a suspected offender into custody.
  • To enable prompt and effective investigation.
  • To protect the public and prevent further crime.
• Balance:
  • Must protect individual liberty (Article 5 ECHR).
  • Must empower police to maintain law and order.

Pre-SOCPA vs Post-SOCPA Position

• Before SOCPA 2005:
  • Police could arrest only for “arrestable offences” (serious offences carrying at least 5 years imprisonment) or where specific powers existed in statute.
  • Led to confusion and inconsistencies.
• After SOCPA 2005:
  • The distinction between “arrestable” and “non-arrestable” offences abolished.
  • Police given a general power of arrest for any offence provided statutory conditions are met.

s.24 PACE 1984 (as amended)

• Who May Arrest
  • Police officers have power to arrest without warrant anyone:
    1. About to commit an offence.
    2. In the act of committing an offence.
    3. Whom the officer has reasonable grounds to suspect is about to commit an offence.
    4. Whom the officer has reasonable grounds to suspect is committing an offence.
• After Offence Committed
  • Officer may arrest anyone:
    • Guilty of the offence.
    • Suspected of being guilty.
    • Reasonable grounds exist to believe they are guilty.
• For “any offence”
  • Unlike pre-SOCPA, applies to all offences, not just serious ones.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Necessity Test (s.24(5) PACE, Code G)

• Even where grounds for arrest exist, it must be necessary.
• Arrest is justified only if one or more of the following conditions apply:

1. To enable the name of the person to be ascertained (if unknown).
2. To ascertain the person’s address.
3. To prevent the person:
   • Causing physical injury to themselves or others.
   • Suffering physical injury.
   • Causing loss of or damage to property.
   • Committing an offence against public decency.
   • Causing unlawful obstruction of the highway.
4. To protect a child or vulnerable person.
5. To allow the prompt and effective investigation of the offence or the conduct of the person.
6. To prevent disappearance of the person before they can be prosecuted.

• Code G emphasises: arrest should be a last resort – voluntary attendance at police station should be considered where appropriate.

Procedure on Arrest

• Informing the Suspect (s.28 PACE):
  • Must be informed they are under arrest.
  • Must be informed in simple language of the reasons and the grounds for arrest.
  • Must be cautioned:
    

    “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. Anything you do say may be given in evidence.”

• Use of Force (s.117 PACE):
  • Reasonable force may be used if necessary.
• Detention after Arrest:
  • Taken to police station as soon as practicable.
  • Custody officer must decide whether continued detention is lawful and necessary.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Case Law on Arrest

• Christie v Leachinsky (1947): Suspect must be told reasons for arrest; failure renders arrest unlawful.
• Osman v DPP (1999): Police must give sufficient and intelligible reasons for arrest; mere statement “you are under arrest” not enough.
• Taylor v Chief Constable of Thames Valley Police (2004): Arrest lawful where reasons explained in simple language to a 10-year-old protester.
• Roberts v Chief Constable of Cheshire Constabulary (1999): Reinforced necessity requirement – voluntary attendance should be considered first.

Evaluation of Arrest Powers

Strengths

• SOCPA 2005 simplified system → one general power of arrest.
• Necessity test and Code G ensure proportionality and prevent arbitrary use.
• Safeguards (requirement to inform, caution, custody officer review) protect rights.
• Case law enforces police accountability.

Weaknesses

• “Reasonable suspicion” still subjective – risk of abuse/discrimination.
• Overuse of arrest where voluntary attendance could suffice.
• Critics argue police sometimes rely on broad “necessity” grounds.
• High-profile misuse damages public confidence.

Conclusion

• The power of arrest under s.24 PACE (as amended by SOCPA 2005) gives police a broad but regulated power to arrest for any offence.
• The necessity test and safeguards under PACE Code G protect individual rights, ensuring arrest is proportionate and justified.
• Case law continues to refine the balance between effective policing and civil liberties, keeping arrest powers under constant judicial scrutiny.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course