Public Order Act 1986

Power of arrest in the Public Order Act 1986

Section 5 of the Public Order Act 1986 confers a limited power of arrest on police constables in a subsection of the act itself.

• 4) A constable may arrest without warrant if -
• a) He engages in offensive conduct which the constable warns him to stop, and
• b) He engages in further offensive conduct immediately or shortly after the warning

Please Note: under Section 5 you cannot be arrested if, when warned, you stop the "offensive conduct" - i.e. you get dressed.

Under Section 4 of the POA - a more serious offence - "A constable may arrest without warrant anyone he reasonably suspects is committing on offence under this subsection"

Note also that in this case the term "police constable" actually means a police officer of any rank. He or she must "reasonably suspect" you of actually committing the offence in order to arrest you.

The Public Order Act 1986 was designed to give the police powers to control assemblies, marches etc, and these powers would be of little use if the police did not enjoy any power of arrest. Government assurances (during the passage of the bill) that the act would not be used against naturists have proved to be worthless. It has and - no doubt - will continue to be used to harass naturists.

If challenged by a police constable under Section 5 of the Public Order Act 1986, it is reasonable to point out that you had "no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress" by your behaviour, or that your "conduct was reasonable" under the circumstances.

If you are not committing an offence when a constable arrives - having put your clothes on - it would be proper to remind him or her that "Reasonable Suspicion" is a legal prerequisite of virtually all the powers to arrest and search enjoyed by the police under PACE. The police are fully aware of this, and it's always worth reminding them - politely - that they must have reasons to suspect you of committing an offence.

Serious Organised Crime and Police Act 2005

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 that you have committed - or are about to commit - an offence.

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

Please remember that arrests under SOCaP 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 designed to be used in conjunction with the introduction of compulsory Identity Cards.

SOCaP Details

Details

Section 110 of SOCaP 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

A constable may arrest 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