ABSTRACT
Section 24 of the Police and Criminal Evidence Act 1984 defines the power of arrest without warrant for serious offences.
A person may be arrested without warrant under the following circumstances: (a) he or she is conspiring to commit, or attempting to commit, or inciting,
aiding, abetting, counselling or procuring the commission of an offence under section 24(2);
(b) he or she is in the act of committing an arrestable offence; (c) where the arrestable offence has been committed, the person who is guilty
may be arrested; (d) where the arrestable offence has been committed, the person is reasonably
suspected of having committed the offence; (e) where a constable reasonably believes that an arrestable offence has been
committed, any person whom he has reasonable grounds for suspecting to be guilty of the offence may be arrested;
(f) any person is about to commit an arrestable offence may be arrested; (g) any person whom the police officer reasonably believes is about to commit
Offences for which a person may be arrested under section 24 may also be classified as ‘serious arrestable offences’ under section 116 and Schedule 5, Part I of the Police and Criminal Evidence Act.137 Where that is the case, the power of arrest is unaffected, but the safeguards and powers exercisable under detention conditions are affected. Helen Fenwick analyses the importance of the distinction between the two categories as follows:
An arrestable offence is a serious offence which carries a sentence fixed by law. Conspiracy to commit such offences, or attempts or incitement, aiding, abetting, counselling or procuring such offences are all arrestable offences.139 Where an arrestable offence has occurred, or the police reasonably suspect someone is committing such an offence, or about to commit such an offence, the police may arrest without a warrant.140 In these circumstances, there is no need for the police to establish the ‘general arrest conditions’ which apply to arrest for less serious offences.
