Originally, powers of arrest were confined to sheriffs in England for a local area. Over the past few hundred years, the legal power of arrest has gradually expanded to include a large number of people/officials, the majority of which have come to the fore more recently. These various individuals all may utilise similar or different powers of arrest, but generally adhere to one particular field. The individuals below have been listed in order of when the power of arrest became available to the individual, starting from the earliest.
United Kingdom England & Wales The following individuals all have various powers of arrest or detention within England & Wales in various capacities using the following legislation/law: • Members of public (
"Other persons" i.e. anyone who is not a constable): •
Common law – to prevent a
Breach of the Peace • s24A
Police and Criminal Evidence Act 1984 • N.B. s24A is only for criminal offences not limited to
summary trial alone • Police
Constables: •
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 the
Anti-social Behaviour, Crime and Policing Act 2014 • Section 27 of the
National Security Act 2003 •
National Crime Agency (formerly SOCA) officer: • s46
Serious Organised Crime and Police Act 2005 • N.B. NCA agents possess powers of
immigration,
customs and excise and
Police constable simultaneously) • Police Community Support Officers (
PCSOs): •
Common law – to prevent a
Breach of the Peace • s24A
Police Criminal Evidence Act 1984 • Power to detain under
Police Reform Act 2002 •
Immigration Officer (formerly
UK Border Agency): • s28a
Immigration Act 1971 • schedule 2, paragraph 17(1)
Immigration Act 1971 • s23
UK Borders Act 2007 •
HMRC Criminal Investigation Officers •
Service Police (RMP/RAFP/RNP): • s67/69
Armed Forces Act 2006 • HMP
Prison officers •
Civilian enforcement officers: • s125A
Magistrates' Courts Act 1980 • Schedule 4A
Magistrates' Courts Act 1980 • N.B. These powers/functions can be outsourced to a 3rd party firm as per Schedule 4A •
Church Warden • s3
Ecclesiastical Courts Jurisdiction Act 1860 •
Court bailiff •
Court officer •
Court security officer • s53
Courts Act 2003 (power to restrain and remove) •
Sheriff (
Sheriffs Act 1887) •
Serjeant at Arms of the
House of Commons • "Officer or agent" • s156 Companies Clauses Consolidation Act 1845 • Part 4 – Chapter 19 -–Rule 4.2111
Insolvency Rules 1986 •
Epping Forest Keepers (park rangers) •
Environment Agency officer •
Water bailiff •
IPCC investigators •
Police Reform Act 2002 United States In the United States, various
law enforcement officers are able to legally arrest people. Due to the complexity of the American civil legal system, including the interactions between federal, state, county, and local
jurisdictions, there are numerous special cases that apply, depending on the reason for the arrest. ==References==