| On 1st January 2006 the Serious Organised Crime and Police Act 2005 (SOCAP) introduced amendments to the Police and Criminal Evidence Act 1984 (PACE) that alter Police Powers to make arrests. |
Under this new legislation any member of the public can arrest anyone – |
- Who is in the act of committing an indictable offence or
- Who they reasonably suspect is committing an indictable offence.
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| Where an indictable offence has been committed, a person other than a constable may arrest without warrant anyone – |
- who is guilty of the offence or
- Who they reasonably suspect is guilty of it.
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These powers are only exercisable if the person making the arrest has reasonable grounds for believing that it is necessary to arrest the person in question to prevent them from – |
- Causing physical injury to themselves or another person or
- Suffering physical injury or
- Causing loss or damage to property or
- Fleeing before a constable can assume responsibility for them
- And it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.
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This means that the new Act only slightly modifies the citizens arrest powers previously in place. Now citizens arrest powers relate to indictable offences rather than arrestable offences. |
These powers can be used when any person is committing or has committed an indictable offence but not when an indictable offence is about to be committed or when the person only suspects that the offence has been committed. |
An Indictable offence is one that, if committed by an adult, can be tried at Crown Court (and includes some offences that can be heard at Magistrates Court or Crown Court i.e. triable either way). For example: assault occasioning actual bodily harm, burglary, robbery, theft, affray, criminal damage, making off without payment, possession of an offensive weapon, unlawful possession of firearms in a public place, dangerous driving, rape and most sex offences, possession of controlled drugs (e.g. cannabis, heroin or cocaine). |
Offences that are NOT indictable (so only police officers can arrest for them) include Public Order Act offences e.g. Section 5, causing harassment, alarm or distress and drunkenness offences. |
Police officers and ‘any person’ still have a power to arrest for a Breach of the Peace. |
The word ‘believe’ denotes more than a feeling or a hunch that one of the necessity factors applies. The following reasons can be included to support that belief:- |
- The situation of the victim
- The nature of the offence
- The circumstances of the offender
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| Whichever of the necessity criteria apply to the arrest (and there can be more than one) is to be included in the circumstances of the arrest that are given to the police officer. These must also be included in written statements together with any relevant replies made by and/or conversation with the offender. |
Remember that the principles of the Human Rights Act state that any arrest has to be necessary and should always be considered in the light of the following. |
| Is the arrest PROPORTIONATE, APPROPRIATE, LEGAL and NECESSARY to achieve the purpose? |
| For Further Information Visit the Lincolnshire Police Website: www.lincs.police.uk |
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