Powers of arrest.
Arrest without warrant under PACE section 24 and the necessity test, citizen’s arrest, what to tell someone on arrest, street bail, voluntary attendance, breach of bail and breach of the peace.
9 powers · the conditions, who can use them and the safeguards
Quick reference
| Power | Legislation | Who can use it | What it allows |
|---|---|---|---|
| Arrest elsewhere than at a police station | Police and Criminal Evidence Act 1984, s.30 | A constable | After an arrest away from a police station, a constable must take the person to a police station as soon as practicable, but may delay this for immediate investigations or release them first. |
| Arrest for breach of bail | Bail Act 1976, s.7 | A constable | Lets a constable arrest without warrant a person on court bail who is unlikely to surrender, has broken or is likely to break a bail condition, or whose surety has asked to be released. |
| Arrest of a suspected terrorist | Terrorism Act 2000, s.41 | A constable | A constable may arrest without warrant anyone they reasonably suspect to be a terrorist, and the person can then be held for up to 48 hours, or up to 14 days with a court warrant. |
| Arrest without warrant | Police and Criminal Evidence Act 1984, s.24 | A constable | Lets a constable arrest anyone involved, or reasonably suspected of being involved, in any offence, but only where they reasonably believe arrest is necessary for one of the reasons in s.24(5). |
| Arrest without warrant by other persons | Police and Criminal Evidence Act 1984, s.24A | Any person other than a constable | Lets a person who is not a constable (a "citizen's arrest") arrest someone for an indictable offence, but only where arrest is necessary for a listed reason and a constable cannot reasonably make the arrest instead. |
| Breach of the peace – arrest and entry | Common law | Any person (including a constable) | A common law power to arrest or detain someone, and to enter premises, to deal with a breach of the peace happening now or to prevent one about to happen. |
| Information to be given on arrest | Police and Criminal Evidence Act 1984, s.28 | Any person making an arrest (stricter rules for a constable) | 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. |
| Street bail | Police and Criminal Evidence Act 1984, ss.30A–30D | A constable (with custody officer authorisation) | Lets a constable release a person arrested away from a police station on bail, before they reach a station, with a requirement to attend a police station later and, if needed, bail conditions. |
| Voluntary attendance at a police station | Police and Criminal Evidence Act 1984, s.29 | A constable (no power to detain) | Sets the rules when a person who has not been arrested attends a police station or other place to help an investigation, including a voluntary interview under caution. |
Tap a power for the numbered conditions, the safeguards and the key definitions.