Cameron Miranda
In the UK, the police have the power to arrest someone if they have reasonable grounds to suspect that they are involved in a crime or are about to commit one. This power is regulated by the Police and Criminal Evidence Act 1984 (PACE) and the Codes of Conduct. The police must follow strict rules when making an arrest, and those arrested have certain rights. For example, if a juvenile is arrested at their school, the principal or their nominee must be informed. If someone believes they have been wrongfully arrested, they can contact a solicitor who specialises in actions against the police. In certain circumstances, citizens can also make arrests, but they must be careful to act within the law.
| Characteristics | Values |
|---|---|
| Police powers of arrest | Arrest without a warrant anyone suspected of committing, having committed, or being about to commit an offence |
| Arrest of a person bailed to attend court who is suspected of breaching or is believed likely to breach any condition of bail | |
| Arrest of a juvenile at their place of education | |
| Arrest to return an absconder to their place of residence | |
| Arrest of a person liable to examination to determine their right to remain in the UK | |
| Arrest to remove a person suffering from a mental disorder to a place of safety for assessment | |
| Arrest to return a person unlawfully at large to prison | |
| Arrest of a driver following the outcome of a preliminary roadside test to enable them to provide an evidential sample | |
| Arrest to stop or prevent a breach of the peace | |
| Citizen's arrest | Any person can arrest someone who is in the act of committing an indictable offence |
| Anyone can arrest someone whom they reasonably suspect is committing an indictable offence if it is not reasonably practicable for a constable to make the arrest instead | |
| Citizens cannot make an arrest in a polling station of someone who is, or they reasonably suspect is, impersonating someone else |
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What You'll Learn
Police powers of arrest
In the UK, the police have the power to arrest someone in order to investigate or prevent a crime. The police's power to arrest is regulated by the Police and Criminal Evidence Act 1984 (PACE) and the Codes of Conduct.
The police must have reasonable grounds to suspect that an individual is involved in a crime for which their arrest is necessary. The police can arrest individuals anywhere and at any time, including on the street, at home, or at work. If the individual is under 18, the police should only arrest them at school if it is unavoidable, and they must inform the headteacher and the individual's parents, guardian, or carer as soon as possible.
Before making an arrest, a constable should consider all available facts and information, including claims of innocence made by the individual, that might dispel the suspicion. The power of arrest must be used fairly, responsibly, and without unlawful discrimination. The Equality Act 2010 prohibits police officers from discriminating against, harassing, or victimising any person based on protected characteristics such as age, disability, race, religion, sex, and sexual orientation.
If an individual believes they have been wrongfully arrested, they can contact a solicitor specialising in actions against the police to advise on a potential claim against the police's conduct or make a police complaint.
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$304.29
Citizen's arrest
In the UK, a citizen's arrest refers to an arrest made by a private citizen, or someone not acting as a sworn law-enforcement official. The practice dates back to medieval England, where sheriffs encouraged citizens to help apprehend lawbreakers.
In the present day, a citizen may conduct an arrest if:
- A breach of the peace is committed in their presence.
- The person performing the arrest reasonably believes that a breach will be committed imminently by the person being arrested.
- A breach of the peace has occurred, and the person effecting the arrest reasonably believes that a further breach is threatened.
If the above conditions are met, the person making the arrest must still act carefully and respectfully, using only a reasonable and proportionate amount of force. They must also inform the subject of what is being done and explain the reason for the arrest and the suspected offence as soon as reasonably possible.
It is important to note that private citizens do not have the same immunity from civil liability when making arrests as police officers do. Therefore, anyone making a citizen's arrest may face lawsuits or criminal charges, such as false imprisonment, unlawful restraint, or wrongful arrest, if the wrong person is apprehended or the suspect's civil rights are violated.
It is always recommended to leave arrests to trained professionals and to involve the police as soon as possible.
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Arrest of minors
In England and Wales, the age of criminal responsibility is 10 years old. This means that children under 10 cannot be arrested or charged with a crime. However, there are other punishments that can be given to children under 10 who break the law. Children between the ages of 10 and 17 can be arrested and taken to court if they commit a crime. These children will be dealt with by the Youth Justice System and will appear in youth court, which differs from adult criminal proceedings in several ways. For example, youth court proceedings are designed to be less formal, the public is not permitted to enter, and defendants are addressed by their first names. More serious offences may be transferred to Crown Court but can also be dealt with in Youth Court.
If a child under 18 is arrested for a criminal offence, the police must inform their parents, guardian, or carer as soon as possible. The police should not interview the child until their parent, guardian, or carer is present, unless a delay would mean an immediate risk of harm to someone or serious loss of, or damage to, property. In such cases, the police must ensure that a suitable independent adult is present so that the child is treated fairly. Children aged 10–17 years old can be given a youth conditional caution if they admit to a criminal offence. This allows an authorised person (usually a police officer) or a relevant prosecutor (usually a member of the CPS) to decide to give a caution with one or more conditions attached.
The police's power to arrest a minor is regulated by the Police and Criminal Evidence Act 1984 (PACE) and the Codes of Conduct. The police have the power to arrest, without a warrant, anyone they suspect has committed, is committing, or is about to commit an offence, as long as they believe that an arrest is necessary. If a minor is arrested at school, the police should only do so if it is unavoidable, and they must inform the headteacher.
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Your rights
If you are arrested in the UK, it is important to remain calm and know your rights. The police must inform you of your rights, but it is also your responsibility to exercise them. Here are your rights if you are arrested:
Right to Know the Reason for Arrest
You have the right to know why you are being arrested. The police must have reasonable grounds to suspect that you are involved in a crime for which your arrest is necessary. They must also believe that the arrest is 'necessary' under the Police and Criminal Evidence Act 1984 (PACE).
Right to Legal Representation
You have the right to legal advice and representation. You can request a solicitor to be present during any police questioning. The police must allow you to speak to your solicitor in private. If you cannot afford a solicitor, the police must provide one for you.
Right to Remain Silent
You have the right to remain silent during police questioning. You are not obligated to answer any questions beyond providing basic personal information, such as your name, address, and date of birth. However, it is important to note that remaining silent may harm your defence in court.
Right to Notify Someone
You have the right to notify someone of your arrest. This could be a family member, friend, or employer. The police may allow you to make a phone call to inform someone of your situation.
Right to Regular Breaks and Basic Needs
While in custody, you have the right to regular breaks for food and to use the toilet. You are also entitled to at least eight hours of rest during any 24-hour period in prolonged custody.
Right to an Appropriate Adult
If you are under 18 or an adult with specific vulnerabilities, you have the right to have an appropriate adult present during the custody process and interviews. This person can assist and support you and ensure your rights are protected.
Right to Challenge Wrongful Arrest
If you believe you have been wrongfully arrested, you can contact a solicitor specialising in actions against the police. They can advise you on whether the power of arrest was used appropriately and guide you on potential legal claims or complaints against the police.
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Common law offences
In the UK, an arrest is the police's way of detaining someone to investigate or prevent a crime. The police have the power to arrest you anywhere and at any time, but they need reasonable grounds to suspect that you are involved in a crime for which your arrest is necessary.
Now, common law offences are crimes under English criminal law and the related criminal law of some Commonwealth countries, as well as under some US state laws. They are offences developed entirely by the law courts and have no specific basis in statute. Common law offences are considered vague and open to development by the courts, which might conflict with the principle of certainty.
In England and Wales, the Law Commission's programme aimed to abolish all common law offences, replacing them with offences precisely defined by statute. However, this process is still ongoing, so some common law offences remain. These offences are punishable by unlimited fines and imprisonment unless a specific maximum sentence has been codified.
Examples of common law offences include nightwalking, riot, rout, affray, keeping bawdy houses, champerty and maintenance, eavesdropping, and being a common scold. In New Zealand, common law offences were abolished for being a party to a criminal offence, except for contempt of court and offences tried by courts-martial. Similarly, Australia has abolished common law offences at the federal level, but they still apply in some states.
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Frequently asked questions
A lawful arrest in the UK is when a police officer or a citizen has reasonable grounds to suspect that an individual is committing an indictable offence or has committed one. The police must follow strict rules when arresting, questioning or charging someone with a crime.
Yes, a police officer can arrest you at any time and place, including on the street, at home or at work. If you are under 18, the police should only arrest you at school if it is unavoidable, and they must inform your headteacher and a parent or guardian.
An indictable offence is one that can be tried at Crown Court. Examples include murder, manslaughter, kidnapping, and assault.
Yes, a citizen can arrest someone if they know or reasonably believe that an individual is in the process of committing a crime or has committed one. However, it is a complex area of law and you must be careful not to act outside of the law.
If you think you've been wrongfully arrested, you should contact a solicitor specialising in actions against the police, who can advise you on potential claims against the police's conduct.
If you are arrested, you can get legal advice at a police station. You have the right to remain silent and to be treated without discrimination or harassment under the Equality Act 2010.
