Lawful Arrest — Step by Step
The sequence to follow when arresting under PACE s.24. Get any element wrong and the arrest may be unlawful.
The steps
- 1
1. Identify involvement
Reasonable grounds to suspect the person is committing / has committed / is about to commit an offence (s.24(1)–(3)).
- 2
2. Establish necessity
Identify which Code G necessity criterion applies (name, address, prevent harm, protect, prompt investigation, prevent disappearance).
- 3
3. Inform of arrest
Tell the person they are under arrest, even if it's obvious.
- 4
4. State the offence
Give the offence in plain language they can understand.
- 5
5. State the necessity
Tell them why arrest is necessary — link to the Code G ground.
- 6
6. Caution
"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
- 7
7. Record
Pocket notebook / BWV / e-PNB. Note time, location, words used, person's reply.
Related Acts & sections
A constable may arrest without warrant anyone about to commit, in the act of committing, suspected of being about to commit, or suspected of having committed an offence — provided arrest is necessary.
Permits search of an arrested person (away from a station) and any premises they were in at the time of, or immediately before, arrest for evidence of the offence.
Watch outs
- Use only such force as is necessary (s.117 PACE / s.3 Criminal Law Act 1967).
- Reassess necessity throughout — bail or release if no longer needed.