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[excerpts]

Police and Criminal Evidence Act (PACE) 1984

Entry for purpose of arrest

Section 17. - (1) Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose -

(a) of executing -

- a warrant of arrest issued in connection with or arising out of criminal proceedings; or

- a warrant of commitment issued under section 76 of the Magistrates' Courts Act 1980;

(b) of arresting a person for an arrestable offence;

(c) of arresting a person for an offence under -

- section 1 (prohibition of uniforms in connection with political objects), ... of the Public Order Act 1936;

- any enactment contained in sections 6 to 8 or 10 of the Criminal Law Act 1977 (offences relating to entering and remaining on property);

- section 4 of the Public Order Act 1986 (fear or provocation of violence);

- section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);

(ca) of arresting, in pursuance of section 32(1A) of the Children and Young Persons Act 1969, any child or young person who has been remanded or committed to local authority accommodation under section 23(1) of that Act;

(cb) of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained -

- in a prison, remand centre, young offender institution or secure training centre, or

- in pursuance of section 53 of the Children and Young Persons Act 1933 (dealing with children and young persons guilty of grave crimes), in any other place;

(d) of recapturing any person whatsoever who is unlawfully at large and whom he is pursuing; or

(e) of saving life or limb or preventing serious damage to property.

(2) Except for the purpose specified in paragraph (e) of subsection (1) above, the powers of entry and search conferred by this section -

(a) are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises; and

(b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search -

- any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and

- any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.

(3) The powers of entry and search conferred by this section are only exercisable for the purposes specified in subsection (1)(c)(ii) or (iv) above by a constable in uniform.

(4) The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.

(5) Subject to subsection (6) below, all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.

(6) Nothing in subsection (5) above affects any power of entry to deal with or prevent a breach of the peace.

Arrest without warrant for arrestable offences

Section 24. - (1) The powers of summary arrest conferred by the following subsections shall apply -

(a) to offences for which the sentence is fixed by law;

(b) to offences for which a person of 21 years of age or over (not previously convicted) may be sentenced to imprisonment for a term of five years (or might be so sentenced but for the restrictions imposed by section 33 (»»text) of the Magistrates' Courts Act 1980); and

(c) to the offences to which subsection (2) below applies,

and in this Act "arrestable offence" means any such offence.

(2) The offences to which this subsection applies are -

(a) offences for which a person may be arrested under the customs and excise Acts, as defined in section 1(1) of the Customs and Excise Management Act 1979;

(b) offences under the Official Secrets Act ... 1920 that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them;

(bb) offences under any provision of the Official Secrets Act 1989 except section 8(1), (4) or (5);

(c) offences under section 22 (causing prostitution of women) or 23 (procuration of girl under 21) of the Sexual Offences Act 1956;

(d) offences under section 12(1) (taking motor vehicle or other conveyance without authority, etc.) or 25(1) (going equipped for stealing, etc) of the Theft Act 1968; and

(e) any offence under the Football (Offences) Act 1991;

(f) an offence under section 2 of the Obscene Publications Act 1959 (publication of obscene matter);

(g) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs and pseudo-photographs of children);

(h) an offence under section 166 of the Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorized persons);

(i) an offence under section 19 of the Public Order Act 1986 (publishing, etc. material intended or likely to stir up racial hatred);

(j) an offence under section 167 of the Criminal Justice and Public Order Act 1994 (touting for hire car services);

(k) an offence under section 1(1) of the Prevention of Crime Act 1953 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse);

(l) an offence under section 139(1) of the Criminal Justice Act 1988 (offence of having article with blade or point in public place;

(m) an offence under section 139A(1) or (2) of the Criminal Justice Act 1988 (offence of having article with blade or point (or offensive weapon) on school premises);

(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).

(3) Without prejudice to section 2 of the Criminal Attempts Act 1981, the powers of summary arrest conferred by the following subsections shall also apply to the offences of -

(a) conspiring to commit any of the offences mentioned in subsection (2) above;

(b) attempting to commit any such offence other than an offence under section 12(1) of the Theft Act 1968;

(c) inciting, aiding, abetting, counselling or procuring the commission of any such offence;

and such offences are also arrestable offences for the purposes of this Act.

(4) Any person may arrest without a warrant -

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

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

(5) Where an arrestable offence has been committed, any person 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.

(6) Where a constable has reasonable grounds for suspecting that an arrestable offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence.

(7) A constable may arrest without a warrant -

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

(b) anyone whom he has reasonable grounds for suspecting to be about to commit an arrestable offence.

General arrest conditions

Section 25. - (1) Where a constable has reasonable grounds for suspecting that any offence which is not an arrestable offence has been committed or attempted, or is being committed or attempted, he may arrest the relevant person if it appears to him that service of a summons is impracticable or inappropriate because any of the general arrest conditions is satisfied.

(2) In this section "the relevant person" means any person whom the constable has reasonable grounds to suspect of having committed or having attempted to commit the offence or of being in the course of committing or attempting to commit it.

(3) The general arrest conditions are -

(a) that the name of the relevant person is unknown to, and cannot be readily ascertained by, the constable;

(b) that the constable has reasonable grounds for doubting whether a name furnished by the relevant person as his name is his real name;

(i) the relevant person has failed to furnish a satisfactory address for service; or

(ii) the constable has reasonable grounds for doubting whether an address furnished by the relevant person is a satisfactory address for service;

(d) that the constable has reasonable grounds for believing that arrest is necessary to prevent the relevant person -

(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; or

(v) causing an unlawful obstruction of the highway;

(e) that the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the relevant person.

(4) For the purposes of subsection (3) above an address is a satisfactory address for service if it appears to the constable -

(a) that the relevant person will be at it for a sufficiently long period for it to be possible to serve him with a summons; or

(b) that some other person specified by the relevant person will accept service of a summons for the relevant person at it.

(5) Nothing in subsection (3)(d) above authorises the arrest of a person under sub-paragraph (iv) of that paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested.

(6) This section shall not prejudice any power of arrest conferred apart from this section.

Repeal of statutory powers of arrest without warrant or order

Section 26. - (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.

Fingerprinting of certain offenders

Section  27. - (1) If a person -

(a) has been convicted of a recordable offence;

(b) has not at any time been in police detention for the offence; and

(c) has not had his fingerprints taken -

(i) in the course of the investigation of the offence by the police; or

(ii) since the conviction,

any constable may at any time not later than one month after the date of the conviction require him to attend a police station in order that his fingerprints may be taken.

(2) A requirement under subsection (1) above -

(a) shall give the person a period of at least 7 days within which he must so attend; and

(b) may direct him to so attend at a specified time of day or between specified times of day.

(3) Any constable may arrest without warrant a person who has failed to comply with a requirement under subsection (1) above.

(4) The Secretary of State may by regulations make provision for recording in national police records convictions for such offences as are specified in the regulations.

(5) [Making of regulations.]

Information to be given on arrest

Section 28. - (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.