OpenLegislation

Section 24A Arrest without warrant: other personsF1C1C2C3C4

England and Wales

(1)

A person other than a constable may arrest without a warrant—

(a)

anyone who is in the act of committing an indictable offence;

(b)

anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

(2)

Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—

(a)

anyone who is guilty of the offence;

(b)

anyone whom he has reasonable grounds for suspecting to be guilty of it.

(3)

But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—

(a)

the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

(b)

it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

(4)

The reasons are to prevent the person in question—

(a)

causing physical injury to himself or any other person;

(b)

suffering physical injury;

(c)

causing loss of or damage to property; or

(d)

making off before a constable can assume responsibility for him.

(F25)

This section does not apply in relation to an offence under Part 3 or 3A of the Public Order Act 1986.

Annotations

Textual amendments

F1

Ss. 24, 24A substituted for s. 24 (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 110, 178; S.I. 2005/3495, art. 2(m)

F2

S. 24A(5) added (1.10.2007) by Racial and Religious Hatred Act 2006 (c. 1), ss. 2, 3(2); S.I. 2007/2490, art. 2(1)

Modifications

C1

S. 24A restricted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 17(4)

C2

S. 24A restricted (W.) (16.12.2010) by The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010 (S.I. 2010/2837), art. 26, Sch. 4 para. 2(4)

C3

S. 24A restricted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 71, 77; S.I. 2006/3412, art. 3, Sch. 1 para. 9 (with Sch. 2)

S. 24A restricted (W.) (1.2.2007) by The National Assembly for Wales (Representation of The People) Order (S.I. 2007/236), arts. 1(1), 30(4)

C4

S. 24A restricted (W.) (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864), arts. 1(2), 30(4) (with art. 1(4))

Notes on Part III

Modifications

C1

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j)

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)

C2

Pt. III incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52