Information to be given on arrest

s.28Police and Criminal Evidence Act 1984

An arrest is only lawful if the person is told they are under arrest and why, at the time or as soon as practicable afterwards, and a constable must also caution them.

Information to be given on arrest · Police and Criminal Evidence Act 1984, s.28Card 13 / 59

When you can use it

s.28(1)Tell the person they are under arrest as soon as practicable after the arrest (unless the arrest was made by telling them)
s.28(2)A constable must do this even if the fact of arrest is obvious
s.28(3)Tell the person the ground for the arrest, at the time or as soon as practicable afterwards
s.28(4)A constable must do this even if the ground is obvious
s.28(5)No duty if it was not reasonably practicable because the person escaped before they could be told
Code G 3.3 and Code C 10.3A constable must also give the reasons why arrest is necessary
Code G 3.4 and Code C 10.4Caution the person, unless impracticable because of their condition or behaviour, or they were cautioned immediately before arrest

What it allows

Sets out what the arrested person must be told for the arrest to be lawful: the fact of arrest and the ground for it.
The information may be given after the arrest if it is not practicable at the time. The arrest becomes lawful from the moment it is given (Lewis v Chief Constable of South Wales 1991).
No set form of words is needed. Plain language that makes the position clear is enough.

Key definitions

Ground – the offence the person is suspected of and the basic facts behind it. Code G Note 3: give enough to understand why they have lost their liberty, including the nature of the offence and when and where it was committed. Avoid vague or technical language.
Reasons – which of the s.24(5) necessity reasons applies. PACE s.28 does not require these, but Code G 2.2 and 3.3 do.
Caution – Code C 10.5 / Code G 3.5: “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.”

Safeguards

Minor changes to the caution wording are not a breach if the sense is kept (Code C 10.7). If the person does not understand it, explain it in your own words (Code C Note 10D).
Pocket book record (Code G 4.1): the nature and circumstances of the offence, why arrest was necessary, the giving of the caution and anything the person said. Make it at the time if practicable (Code G 4.2).
Tell the custody officer the circumstances and reasons for arrest on arrival (Code G 2.2 and 4.3; Code C 3.4).
Once arrest is decided on, do not interview except at a police station, unless one of the Code C 11.1 urgent exceptions applies.

Good to know

s.28 puts into statute the common law rule in Christie v Leachinsky 1947.
A member of the public need not state the obvious. A constable always must (s.28(2) and (4)).
After a break in questioning, remind the person they are still under caution (Code C 10.8).

Legislation: Police and Criminal Evidence Act 1984, s.28 (opens legislation.gov.uk in a new tab)
Who can use it: Any person making an arrest (stricter rules for a constable)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Information to be given on arrest: questions people ask

When can the police use information to be given on arrest?

1. Tell the person they are under arrest as soon as practicable after the arrest (unless the arrest was made by telling them) 2. A constable must do this even if the fact of arrest is obvious 3. Tell the person the ground for the arrest, at the time or as soon as practicable afterwards 4. A constable must do this even if the ground is obvious 5. No duty if it was not reasonably practicable because the person escaped before they could be told 6. A constable must also give the reasons why arrest is necessary 7. Caution the person, unless impracticable because of their condition or behaviour, or they were cautioned immediately before arrest

Who can use information to be given on arrest?

Any person making an arrest (stricter rules for a constable)

What law gives the power for information to be given on arrest?

Police and Criminal Evidence Act 1984, s.28.

More powers of arrest

All powers of arrest