Powers of the police in England and Wales

The basic powers of the police derive from the Police Act 1996, which covers attestation (section 29), jurisdiction (section 30) and a number of other matters. Day to day, common law features greatly in relation to use of force (self defence & defence of others) and a number of other areas. The Police and Criminal Evidence Act 1984 is a key piece of legislation in relation to policing which was amended by the Serious Organised Crime and Police Act 2005, significantly, in relation to powers of arrest. Another notable piece of legislation is the Police Reform Act 2002. This act extended limited policing powers to those within the police family who are not warranted constables, such as PCSOs and others. == Exclusive powers ==

The Policing and Crime Act 2017 identified a set of powers exclusive to constables that could not be conferred on police staff such as Police Community Support Officers. Section 28(4)(a) states a PCSO will be able to be designated with "any power or duty of a constable (other than a power or duty specified in Part 1 of Schedule 3B excluded powers and duties)". These excluded powers would be: • Any power or duty of a constable to make an arrest under s24 PACE 1984 (note: this does not limit the use of s24A PACE powers) • Any power or duty of a constable to stop and search an individual or a vehicle or other thing • The power of a constable, under section 36(4) of the Police and Criminal Evidence Act 1984, to perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them • Any power that is exercisable only by a constable of a particular rank • Any power of a constable under (a) the Terrorism Act 2000; (b) the Terrorism Act 2006; (c) the Counter-Terrorism Act 2008; (d) the Terrorism Prevention and Investigation Measures Act 2011; (e) the Counter-Terrorism and Security Act 2015 • Any power of a constable under the Official Secrets Act 1911 to 1989 • The power of a constable to make an application on behalf of the Commissioner of Police of the Metropolis under section 6 of the Regulation of Investigatory Powers Act 2000 (applications for interception warrants) This bill received Royal Assent on 31 January 2017 and was subsequently passed into law. == Detention ==

There are three different types of detention: • detention without arrest, • detention after arrest (but before charge), and • detention after charge. Detention without arrest Detention without arrest is only permitted in certain circumstances, and is not a generally available power as in some other jurisdictions. In addition to the power to detain during a search (as described below) a Constable may detain a person under the following provisions (other public servants are also able to use some of these powers): Detention after arrest Where a person is arrested for an offence, they will be taken to a police station. The custody officer at that police station must determine whether he has sufficient evidence to charge the detainee for the offence and may keep the detainee in custody until he can make this decision. The suspect may be charged if the charge officer believes that there is a reasonable prospect of conviction. If the Custody Officer determines that he does have sufficient evidence, he must charge the person or release him. Otherwise (and subject to exceptions), a person may be detained for a maximum of 96 hours from the relevant time (normally the time an arrested person arrives at the first police station that he is taken to), Treatment in detention The treatment of suspects held in detention is governed by Code H to the Police and Criminal Evidence Act 1984 in the case of suspects related to terrorism and by Code C in other cases. It is generally the responsibility of a designated Custody Officer to ensure that the provisions of the relevant Code and of the Police and Criminal Evidence Act 1984 are not breached. In particular, a person detained has the following rights; and must be informed of these rights at the earliest opportunity: • to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told that he has been arrested and where he is being detained; and • to consult a solicitor. • three meals a day • drinks "on demand" • eight hours of sleep/rest at night • a clean cell Some or all of these rights may be suspended in exceptional circumstances. ==Search without warrant==

Premises A Constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if they have reasonable grounds for believing that there is on the premises evidence (other than items subject to legal privilege) that relates to that offence, or to some other indictable offence which is connected with or similar to that offence. This power, under section 18(1) of PACE, requires the authority of a police officer of at least the rank of Inspector and is normally conducted whilst a person is in police custody at a police station. Under PACE section 18(5), such a search of premises may be conducted prior to the arrested person being detained in police custody and prior to an authority by an Inspector if the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence. However an Inspector must be informed following such a search. This power is used much less than 18(1). Under section 32 of PACE, a constable has the power, if a person has been arrested for an indictable offence, to enter and search any premises in which he was when arrested or immediately before s/he was arrested for evidence relating to the offence. People or vehicles Search without arrest The Police and Criminal Evidence Act 1984 (PACE) was enacted to correct problems with the implementation of the powers used by the police. The "sus" law allowed police to stop, search, and subsequently arrest a "suspected person" without warrant, reason or evidence. Due to the unfair implementation of this law within the black community, there were riots in some parts of the country in majority black areas (Brixton, Handsworth, Toxteth, Southall and Moss Side) in the early 1980s and "sus" was repealed in 1981. The vast majority of search powers now require "reasonable suspicion" of an offence to be present, although this has not prevented stop-and-search from being used disproportionately against black people, who are over nine times more likely to be searched than white people, Asian people nearly three times more likely to be searched and BAME members in general four times more likely. This disparity can also be seen when looking at arrests, as a black person is over three times as likely to be arrested and the whole BAME group nearly twice as likely. Before searching anyone or anything (except an unattended vehicle), a constable in plain clothes must identify himself as a constable and show his warrant card or similar, and a constable (in uniform or otherwise) must state: • the constable's rank/grade, collar/warrant number, surname and the name of the police station to which he is attached, • the legal power being used to conduct the search, • that the detained person is detained for the purpose of a search, • the object being searched for (if applicable), • the grounds for the search, and • that a copy of the search form will be available on demand for three months. Before searching an unattended vehicle, a constable must leave a notice (inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle) stating:). The powers to search are as follows: Search after arrest A Constable may search a person who has been arrested (unless the arrest was at a police station) if the Constable has reasonable grounds for believing that the arrested person may present a danger to himself or others. Searches in detention The Custody Officer must record everything which an arrested person has with him at the police station and may search a person to the extent that he considers it necessary to do so, but may not conduct an intimate search for these purposes. The Custody Officer may seize anything, but may only seize clothes or personal effects if the Custody Officer: • believes that the person from whom they are seized may use them: • to cause physical injury to himself or any other person, • to damage property, • to interfere with evidence, • to assist him to escape, or • has reasonable grounds for believing that they may be evidence relating to an offence. An Inspector also has a limited power to order a search of an arrested person in order to facilitate establishing the identity of a person, particularly by discovering tattoos or other marks. Where such a search requires more than the removal of the arrested person's outer clothing, the provisions of Code C to the Police and Criminal Evidence Act 1984 relating to strip searches apply. An intimate search is a search of the bodily orifices (other than the mouth). It should be conducted by a suitably qualified person unless this is impracticable and done in the presence of two other people. An intimate search requires the authorisation of an inspector and may only be made in one of the following circumstances: ==Stop and account==

"Stop and account" is a standard operating procedure, rather than a power, of the police, under Recommendation 61 (Rec.61); it is not a statutory procedure like stop and search. It applies to people on foot in a public place. There is no power to force a person to stop, or to detain them. The decision to "request" a person to "stop and account" is left to the discretion of the individual officer; there is no guidance on this. Unlike stop and search, there is no requirement for "reasonable suspicion". There is no actual requirement on a police officer, beyond identifying themself as such; no need to tell the persons stopped why they are being asked to account for themselves, or to say that they are free to leave without answering questions. However, police forces have procedures governing stops. While a record must be made of every stop, there is no requirement for police forces to keep statistics on number of stops or ethnicity of people stopped, according to the College of Policing. ==Power of seizure==

The main power of seizure a constable (and PCSO also since 2012) has is provided by Section 19 of PACE 1984. This provides a general power of seizure for anything that has he/she has reasonable grounds for believing was obtained during the commission of an offence and that the seizure is necessary to stop it being concealed, lost, damaged or destroyed. The same section also provides a power of seizure of items suspected to be evidence of an offence. Other powers also exist, such as customs powers which provide a Constable, Customs Officer or any member of HM Armed Forces or Coastguard the ability to seize, retain and condemn goods under the Customs and Excise Management Act 1979 ==Arrest without warrant==

The only powers of detention that are available to a Constable in England and Wales are discussed above. A Constable's power of arrest is provided by the following sources: • Common law – to prevent a breach of the peace • Section 49 of the Prison Act 1952 • Section 32 Children & Young Persons Act 1969 • Immigration Act 1971 • Section 7 of the Bail Act 1976 • Section 1 & Section 13 of the Magistrates' Courts Act 1980 (warrants) • Section 136 of the Mental Health Act 1983 • Section 24 Police Criminal Evidence Act 1984 • Section 46A Police Criminal Evidence Act 1984 • Section 31 Police Criminal Evidence Act 1984 • Section 6D of the Road Traffic Act 1988 • Section 41 of the Terrorism Act 2000 • Section 9 of Anti-social Behaviour, Crime and Policing Act 2014 • Section 27 of the National Security Act 2023 Whether being arrested, detained or spoken to about an offence or suspected offence, Section 10 Code C of PACE states that the caution must be used. When used in conjunction with an arrest the suspect: • must be told that he is under arrest, and • must be "told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest" including why the arrest in itself is necessary A person must be "cautioned" when being arrested unless this is impractical due to the behaviour or condition of the arrestee, such as drunkenness or unresponsive. There is also a requirement to caution an individual when they are also suspected of a criminal offence but are not being subject to arrest at that time. The caution is:You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in court. Anything you do say may be given in evidence. Deviation from this accepted form is permitted provided that the same information is conveyed. There also exists the "when" caution (above), "now" caution and a "restricted" caution. The "when" caution is generally used during an arrest or interview on the street or at a police station. The "now" caution is most commonly used when charging or issuing an FPN or PND. Persons other than constables "who are charged with the duty of investigating offences or charging offenders" (e.g. escort officers, detention officers, DWP fraud investigators, PCSOs, IPCC investigators, etc.) have a duty to adhere to any relevant provisions of the codes of practice as per Section 67(9) PACE. There are three general means of arresting without warrant: firstly in relation to a criminal offence, secondly in relation to a breach of the peace and thirdly for miscellaneous purposes. Criminal offences Prior to 1967, the only general power of arrest for offences was that which existed for felonies. In 1964, Home Secretary Rab Butler asked the Criminal Law Revision Committee to look into the distinction between felonies and misdemeanours, and their recommendation was that the distinction be abolished, as it was obsolete. As most powers of arrest relied on the offence being a felony, a new set of arrest criteria were introduced by the Criminal Law Act 1967, which created the arrestable offence (defined as an offence where an adult could be sentenced to imprisonment for five years or more). These arrest powers were later re-enacted by the Police and Criminal Evidence Act 1984 (PACE), which also created an alternative set of arrest criteria (the "general arrest criteria") which applied in particular circumstances, such as where the person's name or address were not known. As time went on, the number of offences that were defined as "arrestable" grew significantly, to the point where the distinction was becoming confusing and unworkable. In 2005, the PACE powers of arrest were repealed by the Serious Organised Crime and Police Act, which also abolished the arrestable offence and instead replaced it with a need-tested system for arrest which applied to every offence. A constable may therefore arrest (without a warrant): • anyone who is about to commit an offence, or anyone whom he has reasonable grounds for suspecting to be about to commit an offence, • anyone who is in the act of committing an offence, or anyone whom he has reasonable grounds for suspecting to be committing an offence, and • anyone who is guilty of an offence or anyone whom he has reasonable grounds for suspecting to be guilty of an offence. Additionally, if a constable suspects that an offence has been committed, then: Voluntary attendance at a police station at a later date negates the need to arrest for the prompt and effective investigation when there is no suggestion that the suspect will not attend and if the suspect's name/address can be ascertained. They are also to be immediately informed they are under arrest if a decision is made to arrest them to prevent them from leaving by the constable. Alexander, Farrelly et al. judicial review (2009). Section 30 of PACE states that any person arrested in a place other than a police station must be taken to a police station as soon as practicable after the arrest. This section also states that if at any time before reaching the police station, a constable is satisfied there are no grounds for keeping that person under arrest, they must be released without bail immediately and a record of this must be made. • Section 78 - concerns exclusion of unfair evidence Breach of the peace Breach of the peace is one of the oldest, and most basic offences still in existence in England & Wales. It is an offence at common law, not codified, so it cannot be found in any act of Parliament. The power of arrest in relation to breach of the peace is available to anyone (regardless of whether they are a constable or not), who may arrest without warrant: • an officer, warrant officer, non-commissioned officer or airman of the Royal Air Force, • an officer, warrant officer, non-commissioned officer or soldier of the British Army, :who has deserted or is absent without leave, • who is unlawfully at large from a civilian prison, secure accommodation or young offenders institution or military prison, • who has failed to answer bail or street bail, • who has absconded whilst on remand for a report on their mental condition, on remand for treatment or subject to an interim hospital order under the Mental Health Act 1983, • who has absconded whilst being transferred to or from the United Kingdom under a prisoner transfer agreement, or • who has absconded from a place of safety to which he has been taken under the Powers of Criminal Courts (Sentencing) Act 2000 or from local authority accommodation in which he is required to live, or to which he has been remanded or committed. ;Alcohol and driving • who has provided a positive sample of breath (or has failed to provide any sample at all) under the Road Traffic or Transport and Works Acts, or • who: • has been required to provide a sample of breath, blood or urine under section 7 or section 7A of the Road Traffic Act 1988 (that is to say, an evidential, not a preliminary breath test) • the constable believes is over the prescribed limit or is unfit to drive, and • is likely to drive or attempt to drive a vehicle. ;Other powers • to take fingerprints after a conviction • who has failed to comply with a conditional caution, • who has committed an offence against bylaws made under the Military Lands Act 1892, • who he reasonably suspects of being a "terrorist". • who he reasonably suspects of breaching any bail conditions ==Reasonable force==

A constable's power to use reasonable force is provided by the following law / statutory instruments: • common law • Article 2 European Convention on Human Rights 1953 • Section 76 of the Criminal Justice and Immigration Act 2008 • Section 53 of the Offensive Weapons Act 2019 • Section 143 of the Licensing Act 2003 • Section 28 of the National Security Act 2023 Common law has most recently affirmed the use of force in Beckford v R (1987), in which Lord Griffiths affirmed that "the test to be applied for self-defence is that a person may use such force as is reasonable in the circumstances as he honestly believes them to be in the defence of himself or another". A more general explanation of what is reasonable was also made four years prior in 1984 under Collins v. Wilcock (1984) 1 WLR 1172 DC, which stated that a Constable may use force not otherwise covered by legislation or other law if it they "had been acting within the bounds of what was generally acceptable in the ordinary conduct of daily life". The European Convention on Human Rights 1953 further states: "2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: a. in defence of any person from unlawful violence; b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; c. in action lawfully taken for the purpose of quelling a riot or insurrection." The Criminal Law Act 1967 allows any person to use reasonable force in the circumstances in the prevention of crime, effecting or assisting the lawful arrest of offenders or suspected offenders or of persons unlawfully at large. The Police and Criminal Evidence Act 1984 provides a power for a Constable to use reasonable force when they are lawfully using a power under the same act. The Criminal Justice and Immigration Act 2008 further clarified the use of force as per the above, but also reiterated force may still be reasonable if it was influenced by an honestly held, albeit mistaken belief. The Criminal Justice Act 1988 gives a Constable the power to enter a school premises and search those premises and any person for offensive weapons, allowing them to use reasonable force if necessary to do so. The Offensive Weapons Act 2019 gives a Constable power to use reasonable force, "if necessary", in order to search and seize relevant articles in a school or further education premises for "corrosive substances". ==Powers of entry==

A constable has a right of entry to private land in three broad circumstances: by consent, without consent, and without consent and by force. In English law, "consent" in relation to trespass includes situations where a licence (i.e. permission to enter onto land) is implied without having to be explicitly stated: for example, walking through a private garden to reach the front door of a house for the purpose of delivering a letter. Where consent has not been granted by the occupier, entry without consent may be exercised where a search warrant has been issued, or in other specific circumstances where the matter is urgent or serious, and the power has been specifically granted by law. The police have the power to use reasonable force to enter under a warrant, and under the other powers of entry discussed below. Search warrants There are known to be around 900 provisions in law under which search warrants may be issued. Typically, these permit a police officer and/or other official (typically a council officer, or an officer of a government department) to enter and search premises, using force if necessary, and seize evidence. These are generally issued by a justice of the peace following a written application stating the reasons for entering. As a general rule, search warrants are only issued where access cannot be gained by consent, or where attempting to gain consent might lead to evidence being destroyed, etc. Other powers of entry Other than with a search warrant, a constable may enter premises only in specific circumstances, almost all of which are listed in section 17 of the Police and Criminal Evidence Act 1984 ("PACE"), which largely codified and replaced the historic common law provisions as to entry and search. In addition to powers under section 17 PACE, a small number of other Acts provide a power of entry (and search) without a warrant. Where a power to enter and search for the purpose of arresting or recapturing a person comes from section 17 PACE, it is only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises. "Reasonable belief" is a higher threshold than that required to arrest a person, which only requires "reasonable suspicion". Therefore, there must be some fact that causes the constable to believe that the person in question is present at the time - for example, seeing a person present who matches their description, or being told that they are present. A power to enter and search under section 17 for the purpose of arresting or recapturing a person is also limited, in relation to premises consisting of two or more separate dwellings, to entering and searching common areas (such as shared hallways, landings and stairways) and the dwelling in question, but not other dwellings in the same premises. ==Other powers==

Road checks A uniformed constable, PCSO or traffic officer may stop any vehicle at any time under section 163 of the Road Traffic Act 1988. However, if a constable wishes, for one of the reasons given below, to stop all vehicles or certain vehicles selected by any criterion, then they must do so under the power granted by section 4 of the Police and Criminal Evidence Act 1984. A road check is normally only authorised by a police officer of the rank of superintendent or above, in which case the restrictions given in the second column apply. • an authorisation under section 60 of the Act (searching for weapons) is on force, or • an inspector issues an authorisation under section 60AA on the grounds that he reasonably believes that: as provided by the Section 112 of the Serious Organised Crime and Police Act 2005 A further power to direct someone to leave exists under Section 35 of the Anti-social Behaviour, Crime and Policing Act 2014. This allows a Constable the ability to direct a person to leave if he reasonably suspects the behaviour of the person is causing or likely to cause members of the public in the locality being harassed, alarmed or distressed or that the person will contribute in the locality of crime or disorder. Conditions to this are found under Section 34 & 36. Other reasons to direct a person or persons to leave an area are also available, e.g. to dissuade someone from committing further offences (as required by Code G of PACE), to prevent someone from obstructing the highway, removing someone from a crime scene, etc. Photographing suspects Section 61 of PACE allows a Constable to take a suspect's fingerprints without consent when he suspects someone has or is committing an offence and there is a doubt about the suspect's name. Power to demand name/address for anti-social behaviour Section 50 of Police Reform Act 2002 allows a Constable in uniform to require a person to give his name and address if they have reason to believe they have been, or are acting in an anti-social manner. This power is also available to PCSOs and others. The definition of anti-social behavior is provided by Section 2 Anti-social behaviour, Crime and Policing Act 2014: ==See also==