Arrest Procedure

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Definition: Arrest Procedure



Full Definition of Arrest Procedure


The Police and criminal evidence act 1984 sets out the following principles for an arrest to be lawful. Note that an arrest is unlawful, regardless of the procedure followed, if there is no Power of arrest for the offence in question.

  • s.28 of PACE requires that the arrestee would be told in unequivocal terms (i) that he is under arrest, and (ii) why he is under arrest. If the arrestee was not told of his arrest at the time it was made (e.g., he was locked in a car by an automatic mechanism) he should be told as soon as practicable and given the reasons. A person should not be allowed to infer incorrectly that he has been arrested when he has not.
  • Reasonable force, and detention, may be used. These may include forcible restraint or being locked inside a room. If a person is old or frail, then such tactics will generally be regarded as unreasonable; similarly, an arrest of a person who is already in a police station should not require forcible restraint.
  • The PACE Detention Code indicates that a person arrested should be cautioned as soon as possible that anything has said may be used as evidence.
  • PACE s.30 requires that an arrested suspect should be taken to a police station as soon as practical, rather than being questioned on the spot. However, it allows that such action can be delayed if it would prejudice an investigation or the recovery of stolen goods.
  • s.30 also indicates that the police station used should be one designated for the detention of arrested suspects; again, however, it allows this requirement to be relaxed where there is no such station available.

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Definition Sources


Definitions for Arrest Procedure are sourced/syndicated and enhanced from:

  • A Dictionary of Economics (Oxford Quick Reference)
  • Oxford Dictionary Of Accounting
  • Oxford Dictionary Of Business & Management

This glossary post was last updated: 4th April, 2020 | 0 Views.