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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…


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