Section 5 Provisional arrestI1
United Kingdom
A constable, a customs officer or a service policeman may arrest a person without a warrant if he has reasonable grounds for believing—
that a Part 1 warrant has been or will be issued in respect of the person by an authority of a category 1 territory, and
that the authority has the function of issuing arrest warrants in the category 1 territory.
A constable or a customs officer may arrest a person under subsection (1) in any part of the United Kingdom.
A service policeman may arrest a person under subsection (1) only if the person is subject to service law or is a civilian subject to service discipline.
If a service policeman has power to arrest a person under subsection (1) he may exercise the power anywhere.
Annotations
Textual amendments
- F1
S. 5(3)(4) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 5(3)-(5) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 201; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement
- I1
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Notes on Part 1
Commencement
- I1
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Notes on Arrest
Commencement
- I1
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))