Arrest

PACE 1984 (Code G), Amended by Serious Organised Crime and Police Act 2005

Breach of the Peace

Police can only arrest if:

• Sufficiently real + present threat to the peace
• Must come from person arrested 
• Suspects conduct must interfere with rights of others
• Conduct of person bring arrested must be unreasonable

Arrest with a Warrant

Magistrate's Act 1980 s.1

• Application made to the Magistrates
• Application requires written evidence
• Allows police to search suspect's home for purpose of making arrest

Arrest without a Warrant

S.24 PACE as amended by s.110 of CAP 2005

Police may arrest without warrant if:

• Anyone about to commit offence
• Anyone in the act of committing offence
• Anyone police have reasonable grounds to suspect is about to commit…