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Police Powers of Arrest and Search PDF Print

What is an arrest?

To arrest someone is to deprive that person of his liberty, to prevent them by force or compulsion from going about their business. The term is normally used in the sense of law enforcement although it is possible for one citizen to lawfully arrest onother in certain strictly defined circumstances.

Police Powers of Arrest

The powers of police officers to make arrests are set out in sections 24 and 25 of the Police and Criminal Evidence Act and have recently been altered and greatly extended by the Serious Organised Crime and Police Act 2005

The police have power of arrest in the following situations:

  1. Arrest with a warrant issued by a magistrate - unlikely to affect naturists
  2. Arrest without warrant under the powers of arrest outlined in sections 24 and 25 of the Police and Criminal Evidence Act.
  3. Arrest without warrant contained within a particular Act - e.g. Public Order Act 1986
  4. Arrest without warrant to prevent a 'Breach of the Peace'.

Up to 2006 Section 24 of PACE formerly defined "arrestable offences" as follows:

  • offences for which the sentence is fixed by law - eg murder. There are very few of these and they are not relevant here.
  • offences for which a person of 18 years or over may be sentenced to imprisonment for a term of five years on first conviction, or
  • a list of about 25 offences which do not fall within the above 2 conditions.

Serious Organised Crime and Police Act

Powers of Arrest under the Serious Organised Crime and Police Act 2005

In January 2006, the Serious Organised Crime and Police Act 2005 introduced new powers of arrest, extending them to ALL offences no matter how trivial and and even to cases where an offence has yet to be committed.

A police officer may now arrest you if he has "reasonable grounds" for suspecting thay you have commited - or are about to commit - an offence.

A police officer may now arrest you to enable your name to be ascertained.

You may even be arrested if it facilitates the "prompt and effective investigation" of your "conduct".

Please remember that arrests under SOCPA also trigger the existing powers of fingerprinting, photographing, the taking of DNA and other intimate samples, and their retention on Government databases forever, no matter whether or not you are ever charged, let alone convicted of any crime.

According to the Home Office:

"The exercise of arrest powers will be subject to a test of necessity based around the needs of the victim, the offender, the nature of the offence and the interests of the criminal justice system. An arrest will only be justified if the constable believes it is necessary for any of the reasons set out in the new section 24(5) of PACE. Further guidance will be given to a constable on the exercise of the powers in a new Code of Practice"

Whether, in practice, this "test of necessity" will provide any actual protection against arbitrary arrest remains to be seen.

Some may consider that the emphasis on being able to ascertain the name and address of a suspect is intended for use in conjunction with the compulsory National Identity Cards.

Details

Section 110 of SOCPA alters the powers of arrest under Section 24 of the Police and Criminal Evidence Act 1984 so that a constable may arrest without warrant in relation to any offence anyone:

  • who is about to commit an offence or is in the act of committing an offence
  • whom the officer has reasonable grounds for suspecting is about to commit an offence or to be committing an offence
  • whom the officer has reasonable grounds to suspect of being guilty of an offence which he or she has reasonable grounds for suspecting has been committed
  • anyone who is guilty of an offence which has been committed or anyone whom the officer has reasonable grounds for suspecting to be guilty of that offence

In the case of a supected offence, there must be some reasonable, objective grounds for the suspicion, based on known facts or information which are relevant to the likelihood the offence has been committed and the person to be questioned committed it.

The power of arrest is only exercisable if the constable has reasonable grounds for believing that it is necessary to arrest the person.

The arresting officer has to be satisfied that at least one of the reasons supporting the need for arrest is satisfied and the constable must also take into account the situation of the victim, the nature of the offence, the circumstances of the suspect and the needs of the investigative process.

The specified "reasonable grounds" for believing that an arrest is necessary are:

  • to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person’s name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name)
  • to enable the address of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person’s address, or has reasonable grounds for doubting whether an address given by the person as his name is his real address)
  • to prevent the person in question from causing injury to himself or another, or suffering physical injury, or causing loss of or damage to property, or committing an offence against public decency (only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question) or causing an unlawful obstruction of the highway, or
  • to protect a child or other vulnerable person from the person in question, or
  • to allow the prompt and effective investigation of the offence or of the conduct of the person in question , or
  • to prevent the prosecution of the offence from being hindered by the disappearance of the person.

A person who is arrested must be informed at the time, or as soon as practicable, that they are under arrest and the grounds for their arrest. They must also be cautioned.

Citizen's Arrest

Citizen's Arrest

English law recognizes a number of circumstances in which one private citizen may lawfully arrest another. Brief details are included here to cover the possible situation of an attempted arrest of a naturist by a landowner, security guard or warden.

A citizen may make a lawful arrest in two situations:

  • the person arrested has committed or is committing an arrestable offence
  • the person arrested is "unlawfully at large"

An "arrestable offence" is defined as an offence which, on conviction, could result in a sentence of at least five years' imprisonment. While this includes even trivial thefts, it would appear to exclude most of the offences that naturists might be accused of.

Criteria for a citizen's arrest are set out in the Police and Criminal Evidence Act (PACE). PACE does not grant the power to make a citizen's arrest merely on suspicion that someone is about to commit an arrestable offence.

Under the Serious Organised Crime and Police Act 2005, the power of citizens to make an arrest remain limited to indictable offences.

This is a complex area of law, with the possibility of serious negative consequences for the person making the arrest. If the arrest turns out to be unlawful, then any force used will amount to a criminal offence and may also give rise to a claim for damages.

We know of no case of a naturist being subject to a citizen's arrest.

Civilians Performing Police Duties

The Police Reform Act 2002 gave chief police officers the power to delegate some duties to civilians and therefore you might find that you are dealing with such a person. They must wear a uniform with an approved badge and carry their authorisation with them when performing these duties.

The badge must be produced to you if you ask for it. A difficulty that might arise is that the authorisation does not usually state exactly what powers the civilian has and these vary considerably but, in general, they can use reasonable force to carry out their duties in the same way that the police can.

Obstructing, resisting or assaulting them in the execution of their duty is a summary offence. They are bound like the police to follow the Codes of Practice (PACE) as well as legislation.

"Civilians Performing Police Duties" should not be confused with employees of local councils, the National Trust, landowners, etc. who have no more power than any other citizen.

PCSO's


Police Community Support Officers

Confusingly, the powers of 'PCSOs' are not nationally defined and may be different in each constabulary area.

In most cases they will have the power to issue Penalty Notices for Disorder (PND's)

Part 1 of Schedule 4 to the Police Reform Act 2002 refers to the powers of suitably designated Community Support Officers to issue Penalty Notices for Disorder for certain specified offences, including (of relevance to naturists) "causing harassment alarm or distress".

PCSOs may have the power to take photographs of and detain suspects for a limited period, pending the arrival of police officer.

Breach of the Peace

Arrest "to prevent a breach of the peace"

The police will often threaten arrest for breach of the peace when their other powers of arrest are inadequate. The police can only exercise this power if they reasonably believe that you are using or are about to use violence against persons or their property. Of more relevance to public nudity, they can also arrest you if they reasonably believe that by your actions you are provoking or will provoke the imminent use of violence by others.

If your naturist activity is taking place at a traditionally tolerated beach or other quiet and remote location this would seem very unlikely and it would be reasonable to draw the officer's attention to this point.

The police will usually issue a warning before they arrest for breach of the peace.

If you are arrested for breach of the peace, the police will either let you go after a “cool-down” period, usually of up to 6 hours, or you will be kept overnight and brought before a court the next day to be charged. The court will offer you a “bind-over” which you can either accept or refuse.

Binding over to keep the peace

It is enough for the prosecution to prove that there was a real risk of violence (not necessarily from the person arrested) to justify the exercise of this power. There is no right to bail, and therefore anybody arrested for this purpose can be kept in police custody until the next available sitting of the magistrates (even over a weekend). The person brought before the court must consent to be bound over - refusal to consent, if the magistrates find that the application is justified, carries the risk of imprisonment. Most people agree!

An order to bind somebody over will specify a period of time (usually twelve months) and a sum of money (which will depend on the person’s means but is typically in the range £50-£100). Note that this is not a fine, no money has to be paid unless and until the person gets arrested for another matter within the period specified.

Stop and Search

Police Powers to Stop and Search

[ Note: the concept of a police officer wishing to search someone who they have approached because he or she is naked might appear amusing, but the information on this page is included for the sake of completeness and to cover the issue of searches carried out after arrest]

The power of the police to carry out searches of people and property has increased in recent years.

As with other police powers, a cynic might suggest that it is in the interests of police officers to allow people to conclude that their powers of search are more extensive than they really are.

General Principles

In English law, any significant interference with your personal liberty is regarded as unlawful and the circumstances in which a police officer is permitted to search you, your car, or your property are set out in - and limited by - the law.

The police are entitled to stop you in a public place and ask you questions - including whether you are willing to consent to being searched. You are within rights to refuse to give consent and you cannot be arrested for refusing to consent to a search which would be unlawful.

A police constable may not search you without your consent in the hope that he will find something to justify the search.

Other than special powers to carry out random 'stop and searches' (under the Terrorism Act and other limited circumstances) a police officer must have reasonable grounds for believing that you are in possession of:

  • a firearm
  • a controlled drug
  • implements that you intend to use for a burglary or other theft
  • stolen goods
  • an "offensive weapon"

A search will be unlawful unless the constable tells you his name and police station, what he is looking for, and what grounds he has for thinking he will find it.

Search following arrest

If you are arrested, the police may may search your person, your vehicle and a building in which you were found for articles related to the offence for which you were arrested. You may also be searched for items relating to any offence - but only at the time of arrest, or shortly afterwards.

A police officer may search you at the time of arrest for any article that he reasonably believes makes you a danger to yourself or others, or which he believes may assist you to escape from custody.

If you are arrested and taken to a police station, you must be searched and a list made of your possessions, as part of the custody procedure.


Please Note:
The information given on this page is intended only as a general guide to the the legal position . It was not written by a legally-qualified individual.
It should not be relied upon as a definitive guide to the law , and is only applicable to England and Wales. The law in Scotland and Northern Ireland may be different.
Neither the author nor the publishers of this FactFile can be held responsible should naturism or nudity cause you to be arrested and / or prosecuted for any offence.
 
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