Police and Criminal Evidence Act 1984, section 24

Arrest without warrant: constables

Part III Arrest

(1)A constable may arrest without a warrant—

(a)anyone who is about to commit an offence;

(b)anyone who is in the act of committing an offence;

(c)anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

(d)anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2)If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3)If an offence has been committed, a constable may arrest without a warrant—

(a)anyone who is guilty of the offence;

(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4)But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5)The reasons are—

(a)to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

(b)correspondingly as regards the person's address;

(c)to prevent the person in question—

(i)causing physical injury to himself or any other person;

(ii)suffering physical injury;

(iii)causing loss of or damage to property;

(iv)committing an offence against public decency (subject to subsection (6)); or

(v)causing an unlawful obstruction of the highway;

(d)to protect a child or other vulnerable person from the person in question;

(e)to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

(f)to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6)Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.F99]

Cases considering section 24 92

R (Laporte) v Chief Constable of Gloucestershire Constabulary

[2006] UKHL 55 · 13 December 2006Interprets

The House rejected the submission that a general test of reasonableness should be read into the statutory arrest power. The provision used a specific anticipatory threshold and should not be judicially glossed (see para [49]). The subsection reflected the common-law requirement that the anticipated event be about to occur. It did not confer an anticipatory arrest power whenever arrest merely appeared reasonable (see paras [49]; [66]). The provision's reference to a person about to commit an arrestable offence supported a specific imminence threshold rather than a free-standing reasonableness test (see para [49]). The provision required reasonable grounds for suspecting that a person was about to commit an arrestable offence. It reinforced, rather than diluted, the anticipatory threshold (see para [49]).

Regina v Commissioner of Police for the Metropolis, Ex p Rottman

[2002] UKHL 20 · 16 May 2002Defines

The definition of arrestable offence, read with the domestic statutory offences listed there, confirmed that section 18 did not apply to an extradition crime. (see para [66])

Parker v The Chief Constable of Essex Police

[2018] EWCA Civ 2788 · 11 December 2018

The court applied the low threshold for reasonable grounds to suspect. The evidence had to be considered cumulatively, and the severe assault together with the claimant’s membership of the small closed group capable of committing it was sufficient. (see paras [115]-[119]) The court confirmed that the arresting officer must actually believe arrest is necessary and must have objectively reasonable grounds for that belief. No exhaustive prescribed thought process is required. (see paras [120]-[124]) The court applied the statutory necessity requirement by asking whether the officer actually and reasonably believed arrest was necessary for one of the specified statutory reasons. (see paras [120]-[124]) Simultaneous arrest was reasonably believed necessary to allow a prompt and effective investigation by preserving surprise, addressing possible collusion and enabling coordinated interviews. (see paras [128]-[131])

72 more judgments, and what each says about section 24, are in the case-law panel in the full Act.

Amendments and notes

62 notes from legislation.gov.uk

Amendments

  1. F99Ss. 24, 24A substituted for s. 24 (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 110(1), 178; S.I. 2005/3495, art. 2(1)(m)

Modifications

  1. C236S. 24 applied (with modifications) (temp.) (E.) (26.3.2020 at 1.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (S.I. 2020/350), regs. 1, 9(7) (with reg. 12)
  2. C237S. 24 applied (with modifications) (temp.) (W.) (26.3.2020 at 4.00 p.m.) by The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (S.I. 2020/353), regs. 1(1), 12(5) (with regs. 3, 15)
  3. C238S. 24 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(4).
  4. C239S. 24 applied (12.5.2005) by The Sudan (United Nations Measures) Order 2005 (S.I. 2005/1259), art. 10(6)
  5. C240S. 24 applied (with modifications) (temp.) (W.) (8.6.2020 at 12:01 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 (S.I. 2020/574), regs. 1(2), 14(7) (with reg. 20)
  6. C241S. 24 applied (with modifications) (temp.) (E.) (8.6.2020) by The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (S.I. 2020/568), regs. 1(1), 6(5) (with reg. 12)
  7. C242S. 24 applied (with modifications) (temp.) (E.) (15.6.2020) by The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 (S.I. 2020/592), regs. 1(2), 6(5) (with regs. 1(4), 10 (as amended (17.5.2021) by S.I. 2021/585, regs. 1(2), 2 (with reg. 1(4)) and (E.) (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 3(3) (with reg. 1(5))))
  8. C243S. 24 applied (with modifications) (temp.) (E.) (4.7.2020) by The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 (S.I. 2020/685), regs. 1(1), 9(7) (with reg. 12)
  9. C244S. 24 applied (with modifications) (temp.) (E.) (4.7.2020 at 00.01 a.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (S.I. 2020/684), regs. 1(2)(b), 8(7) (with reg. 11)
  10. C245S. 24 applied (with modifications) (temp.) (W.) (11.7.2020 for specified purposes, 13.7.2020 in so far as not already in force) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (S.I. 2020/725), regs. 1(3)(4), 20(5) (with reg. 5)
  11. C246S. 24 applied (with modifications) (temp.) (E.) (18.7.2020 at 12.01 a.m.) by The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (S.I. 2020/750), regs. 1(2), 13(6) (with reg. 19) (as amended (E.) (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 4(1) and (18.7.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations 2021 (S.I. 2021/848), regs. 1(2), 4)
  12. C247S. 24 applied (with modifications) (temp.) (E.) (24.7.2020) by The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 (S.I. 2020/791), regs. 1(2), 6(5) (with reg. 10)
  13. C248S. 24 applied (with modifications) (temp.) (E.) (25.7.2020) by The Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020 (S.I. 2020/800), regs. 1(2), 6(7) (with reg. 10)
  14. C249S. 24 applied (with modifications) (temp.) (E.) (1.8.2020) by The Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 (S.I. 2020/822), regs. 1(2), 6(7) (with reg. 12)
  15. C250S. 24 applied (with modifications) (temp.) (E.) (3.8.2020) by The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020 (S.I. 2020/824), regs. 1(2), 9(7) (with reg. 15)
  16. C251S. 24 applied (with modifications) (temp.) (E.) (5.8.2020) by The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020 (S.I. 2020/828), regs. 1(2), 9(5) (with reg. 19)
  17. C252S. 24 applied (with modifications) (temp.) (E.) (29.8.2020) by The Health Protection (Coronavirus, Restrictions) (Greencore) Regulations 2020 (S.I. 2020/921), regs. 1(2), 7(4) (with reg. 11)
  18. C253S. 24 applied (with modifications) (temp.) (E.) (10.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020 (S.I. 2020/974), regs. 1(1), 9(7) (with reg. 12)
  19. C254S. 24 applied (with modifications) (temp.) (W.) (14.9.2020) by The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities) (Wales) Regulations 2020 (S.I. 2020/984), regs. 1(3), 18(5) (with reg. 3)
  20. C255S. 24 applied (with modifications) (temp.) (E.) (15.9.2020) by The Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020 (S.I. 2020/988), regs. 1(2), 8(5) (with reg. 18)
  21. C256S. 24 applied (with modifications) (temp.) (E.) (18.9.2020) by The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020 (S.I. 2020/1005), regs. 2(1), 17(5) (with reg. 21)
  22. C257S. 24 applied (with modifications) (temp.) (W.) (18.9.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 (S.I. 2020/1011), regs. 1(3), 18(5) (with reg. 3) (as amended (25.11.2021) by S.I. 2021/1304, regs. 1(2), 3)
  23. C258S. 24 applied (with modifications) (temp.) (E.) (18.9.2020) by The Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020 (S.I. 2020/1010), regs. 1(1), 9(7) (with reg. 12)
  24. C259S. 24 applied (with modifications) (temp.) (E.) (28.9.2020) by The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (S.I. 2020/1045), regs. 1(2), 11(6) (with reg. 16)
  25. C260S. 24 applied (with modifications) (temp.) (E.) (14.10.2020) by The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020 (S.I. 2020/1103), regs. 1(2), 5(5) (with reg. 9)
  26. C261S. 24 applied (with modifications) (temp.) (E.) (14.10.2020) by The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020 (S.I. 2020/1104), regs. 1(2), 5(5) (with reg. 9)
  27. C262S. 24 applied (with modifications) (temp.) (E.) (14.10.2020) by The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 (S.I. 2020/1105), regs. 1(2), 5(5) (with reg. 9)
  28. C263S. 24 applied (with modifications) (temp.) (W.) (23.10.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 (S.I. 2020/1149), regs. 1(3), 29(6) (with reg. 2)
  29. C264S. 24 applied (with modifications) (temp.) (E.) (5.11.2020) by The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (S.I. 2020/1200), regs. 1(2), 20(5) (with reg. 23)
  30. C265S. 24 applied (with modifications) (temp.) (W.) (9.11.2020) by The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 (S.I. 2020/1219), regs. 1(3), 35(8) (with reg. 3)
  31. C266S. 24 applied (with modifications) (temp.) (E.) (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (S.I. 2020/1374), regs. 1(2), 10(5) (with reg. 15)
  32. C267S. 24 applied (with modifications) (temp.) (E.) (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), regs. 1(1), 6(5) (with reg. 12 (as amended (17.5.2021) by S.I. 2021/585, regs. 1(2), 5 and (E.) (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 4(2))
  33. C268S. 24 applied (with modifications) (temp.) (W.) (20.12.2020) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 (S.I. 2020/1609), regs. 1(3), 45 (as amended: by S.I. 2020/1610, regs. 1(2), 2(2); (17.5.2021 at 6.00 a.m.) by S.I. 2021/583, regs. 1(2), 2(2); (7.8.2021 at the beginning of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(2), 2(2); and (25.11.2021) by S.I. 2021/1304, regs. 1(2), 2)
  34. C269S. 24 applied (with modifications) (temp.) (E.) (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), regs. 1(2), 11(7) (with reg. 21) (as amended (E.) (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 2(3) (with reg. 1(4)))
  35. C270S. 24 applied (with modifications) (temp.) (E.) (17.5.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (S.I. 2021/582), regs. 1(2), 19(17) (with regs. 25, 26(4))
  36. C271S. 24 applied (with modifications) (temp.) (E.) (30.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Wearing of Face Coverings) (England) Regulations 2021 (S.I. 2021/1340), regs. 1(2), 10(8) (with regs. 1(4), 15)
  37. C272S. 24 applied (with modifications) (temp.) (E.) (15.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021 (S.I. 2021/1416), regs. 1(2)(b), 16(10) (with reg. 21)
  38. C273S. 24 applied (with modifications) (temp.) (W.) (11.2.2022 at. 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2022 (S.I. 2022/126), regs. 1(2), 13(10) (with reg. 19)
  39. C274S. 24 applied in part (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(n), Sch. paras. 1-10
  40. C275S. 24(1)-(5)(c)(iii) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
  41. C276S. 24(1)-(5)(c)(iii) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  42. C277S. 24(1) applied (6.2.2004) by The Democratic Republic of Congo (Financing and Financial Assistance and Technical Advice, Assistance and Training) (Penalties and Licences) Regulations 2004 (S.I. 2004/221), reg. 4(2)
  43. C278S. 24(1) applied (17.5.2004) by The Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004 (S.I. 2004/1315), reg. 4(2)
  44. C279S. 24(1)(b) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(n), Sch.
  45. C280S. 24(1)(d) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(n), Sch.
  46. C281S. 24(2) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  47. C282S. 24(2)-(4) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(n), Sch.
  48. C283S. 24(2) modified (1.9.2001) by 2001 c. 16, s. 47(3); S.I. 2001/2223, art. 4(c)
  49. C284S. 24(2) applied by S.I. 1990/1768, art. 8(10) (as replaced by S.I. 1990/2144, art. 3)
  50. C285S. 24(2) applied (with modifications) (25.1.2002) by The Al-Qa'ida and Taliban (United Nations Measures) Order 2002 (S.I. 2002/111), art. 20(13)
  51. C286S. 24(2) applied (14.6.2003) by The Iraq (United Nations Sanctions) Order 2003 (S.I. 2003/1519), art. 20(12)
  52. C287S. 24(2) applied (13.2.2004) by The Liberia (United Nations Sanctions) Order 2004 (S.I. 2004/348), art. 15(12)
  53. C288S. 24(2) applied (10.4.2009) by The Iran (United Nations Sanctions) Order 2009 (S.I. 2009/886), art. 12(11)
  54. C289S. 24(2) applied (10.7.2009) by The North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749), art. 14(11)
  55. C290S. 24(4)(5) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  56. C291S. 24(5)(a)(b) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(n), Sch.
  57. C292S. 24(5)(c)(i)-(iii) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(n), Sch.
  58. C293S. 24(5)(d)-(f) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
  59. C294S. 24(5)(d)-(f) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  60. C295S. 24(5)(d)(e) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(n), Sch.
  61. C296S. 24(5)(f) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(n), Sch.