OpenLegislation

Article 26 Arrest without warrant: constablesF2C1C2C3C4F1C5C6C7C8C9C10C11C12C13

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A constable may arrest without a warrant—

(a)

anyone who is about to commit an offence;

(b)

anyone who is in the act of committing an offence;

(c)

anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

(d)

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

C14(2)

If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3)

If an offence has been committed, 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.

C15(4)

But the power of summary arrest conferred by paragraph (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in paragraph (5) it is necessary to arrest the person in question.

C16(5)

The reasons are—

(a)

to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

(b)

correspondingly as regards the person's address;

(c)

to prevent the person in question—

(i)

causing physical injury to himself or any other person;

(ii)

suffering physical injury;

(iii)

causing loss of or damage to property;

(iv)

committing an offence against public decency (subject to paragraph (6)); or

(v)

causing an unlawful obstruction on a road (within the meaning of the Road Traffic (Northern Ireland) Order 1995 (NI 18);

(d)

to protect a child or other vulnerable person from the person in question;

(e)

to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

(f)

to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6)

Paragraph (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

Annotations

Textual amendments

F1

mod. by SI 1999/2821; 3133

F2

Arts. 26, 26A substituted (1.3.2007) for art. 26 by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(1) (with art. 15(3))

Modifications

C1

Art. 26 applied (9.6.2006) by S.I. 2006/1454, art. 13(7)

Art. 26 applied (16.11.2006) by S.I. 2006/2952, art. 14(7) (with art. 18)

Art. 26 applied (16.11.2006) by S.I. 2006/2958, art. 13(7) (with art. 17)

C2

Art. 26 applied (with modifications) (12.10.2006) by S.I. 2006/2657, art. 14(7) (with arts. 18, 19)

C3

Art. 26 applied (9.2.2007) by Iran (Financial Sanctions) Order 2007 (S.I. 2007/281), art. 13(7) (with art. 17)

C4

Art. 26 applied (with modifications) (3.5.2007) by virtue of Iran (European Community Financial Sanctions) Regulations 2007 (S.I. 2007/1374), reg. 13(7) (with reg. 16)

C5

Art. 26 applied (with modifications) (18.5.2009) by Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 (S.R. 2009/142), art. 3, Sch. 1, Sch. 2

C6

Art. 26 applied (with modifications) (temp.) (28.3.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020 (S.R. 2020/55), regs. 1(1), 8(5) (with reg. 15)

C7

Art. 26 applied (with modifications) (temp.) (8.6.2020) by The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 (S.R. 2020/90), regs. 1, 6(5) (with reg. 12)

C8

Art. 26 applied (with modifications) (23.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/150), regs. 1(1), 8(5) (with reg. 15)

C9

Art. 26 applied (with modifications) (23.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020 (S.R. 2020/151), regs. 1, 7(5) (with reg. 15) (as amended (23.7.2021) by The Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment No. 3) Regulations (Northern Ireland) 2021 (S.R. 2021/216), regs. 1, 2(2))

C10

Art. 26 applied (with modifications) (temp.) (9.4.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (S.R. 2021/93), regs. 1(1), 22(5) (with reg. 31)

C11

Art. 26 applied (with modifications) (16.4.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 (S.R. 2021/99), regs. 1(2), 23(7) (with regs. 37, 40)

C12

Art. 26 applied in part (with modifications) (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 12-16, 18(2), Sch. 2

C13

Art. 26 applied in part (with modifications) (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 3-7, 9(2), Sch. 1

C14

Art. 26(2) applied (with modifications) (1.12.2007) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), arts. 3-15, Sch. 1, Sch. 2

C15

Art. 26(4) applied (with modifications) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), Sch. 1 (as amended (19.3.2010) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (Amendment) Order 2010 (S.R. 2010/42), art. 2(3)(c))

C16

Art. 26(5) applied (with modifications) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), Sch. 1 (as amended (19.3.2010) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (Amendment) Order 2010 (S.R. 2010/42), art. 2(3)(c))

Notes on the whole Order

Textual amendments

F1

mod. by 2005 c. 2