Repeal of statutory powers of arrest without warrant or order
Part III Arrest
(1)Subject to subsection (2) below, so much of any Act (including a local Act) passed before this Act as enables a constable—
(a)to arrest a person for an offence without a warrant; or
(b)to arrest a person otherwise than for an offence without a warrant or an order of a court,
shall cease to have effect.
(2)Nothing in subsection (1) above affects the enactments specified in Schedule 2 to this Act.
Section 26 was mentioned as preserving the statutory arrest power under section 100 of the Road Traffic Act 1972 when most other statutory arrest powers were abolished. (see unpaginated judgment, statutory history)
Confirms the repeal of statutory powers enabling warrantless arrest, subject to the express exemptions in Schedule 2. (see para [13])
1 more judgment, and what each says about section 26, are in the case-law panel in the full Act.