PACE 1984 s.28 – Information to be given on arrest

(1)Subject to subsection (5) below, where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest.

(2)Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious.

(3)Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.

(4)Where a person is arrested by a constable, subsection (3) above applies regardless of whether the ground for the arrest is obvious.

(5)Nothing in this section is to be taken to require a person to be informed—

(a)that he is under arrest; or

(b)of the ground for the arrest,

if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.

Cases considering section 28 26

Walker v The Commissioner of the Police of the Metropolis (Rev 1)

[2014] EWCA Civ 897 · 1 July 2014Interprets

The provision requires the arrested person to be told, in simple and understandable language, the essential legal and factual grounds for arrest. Its application is contextual and does not invariably demand detailed particulars or a precise offence label. The words “public order” were sufficient on the facts (see paras [39]-[43]).

Shields v Merseyside Police

[2010] EWCA Civ 1281 · 17 November 2010Interprets

The court confirmed that the common-law requirement to inform an arrested person of the charge or suspected crime has been placed in statutory form. Its purpose is to communicate the substance of the grounds rather than a technically precise offence. (see paras [15]–[16]; [23])

Taylor v Thames Valley Police

[2004] EWCA Civ 858 · 6 July 2004Interprets

The provision requires the arrested person to receive the essential legal and factual grounds of arrest in simple, non-technical language which the person can understand. Sufficiency is assessed objectively in all the circumstances. Identification of violent disorder, its date and place was sufficient here. (see paras [19]-[27]; [30]-[40]; [57]-[60]) The duty to inform applies to an arrest by a constable even where the ground for arrest is obvious. The subsection qualifies the common-law exceptions concerning obvious grounds. (see paras [19]-[20]; [57])

Lewis & Anor v The Chief Constable of the South Wales Constabulary[1990] EWCA Civ 5 · 11 October 1990
Dilon Curwen v Chief Constable of Cumbria Constabulary[2026] EWHC 115 (KB) · 23 January 2026
Andrew Reynolds v Chief Constable of Kent Police[2024] EWHC 2487 (KB) · 2 October 2024
Paul Charles Andrews v The Chief Constable of Suffolk Constabulary[2022] EWHC 3162 (KB) · 12 December 2022
Magee & Anor v Derbyshire Police[2020] EWHC 3569 (QB) · 23 December 2020
McCann v Crown Prosecution Service[2015] EWHC 2461 (Admin) · 21 August 2015
Adler v Crown Prosecution Service[2013] EWHC 1968 (Admin) · 9 July 2013
Minio-Paluello v The Commissioner of Police of the Metropolis[2011] EWHC 3411 (QB) · 16 December 2011
Mahajna ( Salah ) v Secretary of State for the Home Department[2011] EWHC 2481 (Admin) · 30 September 2011
FS v Secretary of State for the Home Department[2011] EWHC 1858 (QB) · 19 July 2011
Cumberbatch v Crown Prosecution Service[2009] EWHC 3353 (Admin) · 24 November 2009
Faulkner, R (on the application of) v Secretary of State for the Home Department[2005] EWHC 2567 (Admin) · 1 November 2005
Saliu, R (on the application of) v Department of Public Prosecutions[2005] EWHC 2689 (Admin) · 21 October 2005
Blench v DPP[2004] EWHC 2717 (Admin) · 5 November 2004
McGrath v. Chief Constable of the Royal Ulster Constabulary and Another[2001] UKHL 39 · 12 July 2001
Q, R v[2011] EWCA Crim 1824 · 28 June 2011
Chief Constable of Cleveland Police v McGrogan[2002] EWCA Civ 86 · 12 February 2002

6 more judgments, and what each says about section 28, are in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Modifications

C303Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
C304S. 28 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)
C305S. 28 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)
C306S. 28 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)
C307S. 28 applied (with modifications) by 1994 c. 33, s. 137D(2)(a) Sch. 7B Pt. 1 (as inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 116(1)(3), 183(1)(5)(e), Sch. 16)
C308S. 28 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(o), Sch.
C309S. 28 applied (with modifications) by 1994 c. 33, s. 137D(2)(a) Sch. 7B Pt. 1 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))
C310S. 28 applied (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(o), Sch. paras. 1-10, 18