General powers of arrest In Spicer v Holt [1977] AC 987, Lord Dilhorne stated: 'Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases.' So a person who is detained by the police against his will is arrested. Whether this arrest is lawful will depend on whether the conditions for a lawful arrest have been satisfied. If the arrest is not lawful there is the right to use reasonable force to resist it. This is a remedy, however, of doubtful advisability as the legality of the arrest will only properly be tested after the event in a law court. Lawful arrests are those: under warrant; without warrant at common law; or without warrant under legislation. Arrest under warrant The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (Magistrates' Courts Act 1980, s 1). The Criminal Justice Act 1967 provides that warrants should not be issued unless the offence in question is indictable or is punishable with imprisonment. Common arrests The only power to arrest at common law is where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended. Arrest under legislation The right to arrest is generally governed by s 24 of PACE (as amended by s of the Criminal Justice and Public Order Act (CJPO) 1994). PACE 1984 Section

DOI link for General powers of arrest In Spicer v Holt [1977] AC 987, Lord Dilhorne stated: 'Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases.' So a person who is detained by the police against his will is arrested. Whether this arrest is lawful will depend on whether the conditions for a lawful arrest have been satisfied. If the arrest is not lawful there is the right to use reasonable force to resist it. This is a remedy, however, of doubtful advisability as the legality of the arrest will only properly be tested after the event in a law court. Lawful arrests are those: under warrant; without warrant at common law; or without warrant under legislation. Arrest under warrant The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (Magistrates' Courts Act 1980, s 1). The Criminal Justice Act 1967 provides that warrants should not be issued unless the offence in question is indictable or is punishable with imprisonment. Common arrests The only power to arrest at common law is where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended. Arrest under legislation The right to arrest is generally governed by s 24 of PACE (as amended by s of the Criminal Justice and Public Order Act (CJPO) 1994). PACE 1984 Section

General powers of arrest In Spicer v Holt [1977] AC 987, Lord Dilhorne stated: 'Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases.' So a person who is detained by the police against his will is arrested. Whether this arrest is lawful will depend on whether the conditions for a lawful arrest have been satisfied. If the arrest is not lawful there is the right to use reasonable force to resist it. This is a remedy, however, of doubtful advisability as the legality of the arrest will only properly be tested after the event in a law court. Lawful arrests are those: under warrant; without warrant at common law; or without warrant under legislation. Arrest under warrant The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (Magistrates' Courts Act 1980, s 1). The Criminal Justice Act 1967 provides that warrants should not be issued unless the offence in question is indictable or is punishable with imprisonment. Common arrests The only power to arrest at common law is where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended. Arrest under legislation The right to arrest is generally governed by s 24 of PACE (as amended by s of the Criminal Justice and Public Order Act (CJPO) 1994). PACE 1984 Section