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 +Commencement – Transitional Arrangements 
 +This Code applies to any arrest made by a police officer after 00:00 on 
 +12 November 2012  
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +1 Introduction 
 +1.1 This Code of Practice deals with the statutory power of police to arrest a 
 +person who is involved, or suspected of being involved, in a criminal 
 +offence. The power of arrest must be used fairly, responsibly,​ with respect 
 +for people suspected of committing offences and without unlawful 
 +discrimination. The Equality Act 2010 makes it unlawful for police officers 
 +to discriminate against, harass or victimise any person on the grounds of the 
 +‘protected characteristics’ of age, disability, gender reassignment,​ race, 
 +religion or belief, sex and sexual orientation,​ marriage and civil partnership,​ 
 +pregnancy and maternity when using their powers. When police forces are 
 +carrying out their functions they also have a duty to have regard to the need 
 +to eliminate unlawful discrimination,​ harassment and victimisation and to 
 +take steps to foster good relations. 
 +1.2 The exercise of the power of arrest represents an obvious and significant 
 +interference with the Right to Liberty and Security under Article 5 of the 
 +European Convention on Human Rights set out in Part I of Schedule 1 to the 
 +Human Rights Act 1998. 
 +1.3 The use of the power must be fully justified and officers exercising the 
 +power should consider if the necessary objectives can be met by other, less 
 +intrusive means. Absence of justification for exercising the power of arrest 
 +may lead to challenges should the case proceed to court. It could also lead 
 +to civil claims against police for unlawful arrest and false imprisonment. 
 +When the power of arrest is exercised it is essential that it is exercised in a 
 +non-discriminatory and proportionate manner which is compatible with the 
 +Right to Liberty under Article 5. See Note 1B. 
 +1.4 Section 24 of the Police and Criminal Evidence Act 1984 (as substituted by 
 +section 110 of the Serious Organised Crime and Police Act 2005) provides 
 +the statutory power for a constable to arrest without warrant for all 
 +offences. If the provisions of the Act and this Code are not observed, both 
 +the arrest and the conduct of any subsequent investigation may be open to 
 +1.5 This Code of Practice must be readily available at all police stations for 
 +consultation by police officers and police staff, detained persons and 
 +members of the public. 
 +1.6 The Notes for Guidance are not provisions of this code. 
 +2. Elements of Arrest under section 24 PACE 
 +2.1 A lawful arrest requires two elements: 
 +A person’s involvement or suspected involvement or attempted involvement 
 +in the commission of a criminal offence; 
 +Reasonable grounds for believing that the person’s arrest is necessary. 
 +• both elements must be satisfied, and 
 +• it can never be necessary to arrest a person unless there are reasonable 
 +grounds to suspect them of committing an offence. 
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +2.2 The arrested person must be informed that they have been arrested, even if 
 +this fact is obvious, and of the relevant circumstances of the arrest in 
 +relation to both the above elements. The custody officer must be informed 
 +of these matters on arrival at the police station. See paragraphs 2.9, 3.3 
 +and Note 3 and Code C paragraph 3.4. 
 +(a) '​Involvement in the commission of an offence'​ 
 +2.3 A constable may arrest without warrant in relation to any offence (see 
 +Notes 1 and 1A) anyone: 
 +• who is about to commit an offence or is in the act of committing an 
 +• whom the officer has reasonable grounds for suspecting is about to 
 +commit an offence or to be committing an offence; 
 +• whom the officer has reasonable grounds to suspect of being guilty of an 
 +offence which he or she has reasonable grounds for suspecting has been 
 +• anyone who is guilty of an offence which has been committed or anyone 
 +whom the officer has reasonable grounds for suspecting to be guilty of 
 +that offence. 
 +2.3A There must be some reasonable, objective grounds for the suspicion, based 
 +on known facts and information which are relevant to the likelihood the 
 +offence has been committed and the person liable to arrest committed it. 
 +See Notes 2 and 2A. 
 +(b) Necessity criteria 
 +2.4 The power of arrest is only exercisable if the constable has reasonable 
 +grounds for believing that it is necessary to arrest the person. The statutory 
 +criteria for what may constitute necessity are set out in paragraph 2.9 and 
 +it remains an operational decision at the discretion of the constable to 
 +• which one or more of the necessity criteria (if any) applies to the 
 +individual; and 
 +• if any of the criteria do apply, whether to arrest, grant street bail after 
 +arrest, report for summons or for charging by post, issue a penalty notice 
 +or take any other action that is open to the officer. 
 +2.5 In applying the criteria, the arresting officer has to be satisfied that at least 
 +one of the reasons supporting the need for arrest is satisfied. 
 +2.6 Extending the power of arrest to all offences provides a constable with the 
 +ability to use that power to deal with any situation. However applying the 
 +necessity criteria requires the constable to examine and justify the reason 
 +or reasons why a person needs to be arrested or (as the case may be) 
 +further arrested, for an offence for the custody officer to decide whether to 
 +authorise their detention for that offence. See Note 2C 
 +2.7 The criteria in paragraph 2.9 below which are set out in section 24 of PACE 
 +as substituted by section 110 of the Serious Organised Crime and Police Act 
 +2005 are exhaustive. However, the circumstances that may satisfy those 
 +criteria remain a matter for the operational discretion of individual officers. 
 +Some examples are given to illustrate what those circumstances might be 
 +and what officers might consider when deciding whether arrest is necessary.  
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +2.8 In considering the individual circumstances,​ the constable must take into 
 +account the situation of the victim, the nature of the offence, the 
 +circumstances of the suspect and the needs of the investigative process. 
 +2.9 When it is practicable to tell a person why their arrest is necessary (as 
 +required by paragraphs 2.2, 3.3 and Note 3), the constable should outline 
 +the facts, information and other circumstances which provide the grounds 
 +for believing that their arrest is necessary and which the officer considers 
 +satisfy one or more of the statutory criteria in sub-paragraphs (a) to (f), 
 +(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): 
 +An officer might decide that a person’s name cannot be readily 
 +ascertained if they fail or refuse to give it when asked, particularly 
 +after being warned that failure or refusal is likely to make their arrest 
 +necessary (see Note 2D). Grounds to doubt a name given may arise if 
 +the person appears reluctant or hesitant when asked to give their name 
 +or to verify the name they have given. 
 +Where mobile fingerprinting is available and the suspect’s name cannot 
 +be ascertained or is doubted, the officer should consider using the 
 +power under section 61(6A) of PACE (see Code D paragraph 4.3(e)) to 
 +take and check the fingerprints of a suspect as this may avoid the need 
 +to arrest solely to enable their name to be ascertained. 
 +(b) correspondingly as regards the person’s address: 
 +An officer might decide that a person’s address cannot be readily 
 +ascertained if they fail or refuse to give it when asked, particularly 
 +after being warned that such a failure or refusal is likely to make their 
 +arrest necessary. See Note 2D. Grounds to doubt an address given may 
 +arise if the person appears reluctant or hesitant when asked to give 
 +their address or is unable to provide verifiable details of the locality 
 +they claim to live in. 
 +When considering reporting to consider summons or charging by post as 
 +alternatives to arrest, an address would be satisfactory if the person 
 +will be at it for a sufficiently long period for it to be possible to serve 
 +them with the summons or requisition and charge; or, that some other 
 +person at that address specified by the person will accept service on 
 +their behalf. When considering issuing a penalty notice, the address 
 +should be one where the person will be in the event of enforcement 
 +action if the person does not pay the penalty or is convicted and fined 
 +after a court hearing. 
 +(c) to prevent the person in question: 
 +(i) causing physical injury to himself or any other person; 
 +This might apply where the suspect has already used or threatened 
 +violence against others and it is thought likely that they may assault 
 +others if they are not arrested. See Note 2D 
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +(ii) suffering physical injury; 
 +This might apply where the suspect’s behaviour and actions are 
 +believed likely to provoke, or have provoked, others to want to 
 +assault the suspect unless the suspect is arrested for their own 
 +protection. See Note 2D 
 +(iii) causing loss or damage to property; 
 +This might apply where the suspect is a known persistent offender 
 +with a history of serial offending against property (theft and 
 +criminal damage) and it is thought likely that they may continue 
 +offending if they are not arrested. 
 +(iv) committing an offence against public decency (only applies where 
 +members of the public going about their normal business cannot 
 +reasonably be expected to avoid the person in question);​ 
 +This might apply when an offence against public decency is being 
 +committed in a place to which the public have access and is likely 
 +to be repeated in that or some other public place at a time when 
 +the public are likely to encounter the suspect. See Note 2D 
 +(v) causing an unlawful obstruction of the highway; 
 +This might apply to any offence where its commission causes an 
 +unlawful obstruction which it is believed may continue or be 
 +repeated if the person is not arrested, particularly if the person has 
 +been warned that they are causing an obstruction. See Note 2D 
 +(d) to protect a child or other vulnerable person from the person in 
 +This might apply when the health (physical or mental) or welfare of a 
 +child or vulnerable person is likely to be harmed or is at risk of being 
 +harmed, if the person is not arrested in cases where it is not practicable 
 +and appropriate to make alternative arrangements to prevent the 
 +suspect from having any harmful or potentially harmful contact with the 
 +child or vulnerable person. 
 +(e) to allow the prompt and effective investigation of the offence or of the 
 +conduct of the person in question. See Note 2E 
 +This may arise when it is thought likely that unless the person is 
 +arrested and then either taken in custody to the police station or 
 +granted ‘street bail’ to attend the station later, see Note 2J, further 
 +action considered necessary to properly investigate their involvement in 
 +the offence would be frustrated, unreasonably delayed or otherwise 
 +hindered and therefore be impracticable. Examples of such actions 
 +(i) interviewing the suspect on occasions when the person’s voluntary 
 +attendance is not considered to be a practicable alternative to 
 +arrest, because for example: 
 +• it is thought unlikely that the person would attend the police 
 +station voluntarily to be interviewed. 
 +• it is necessary to interview the suspect about the outcome of 
 +other investigative action for which their arrest is necessary, see 
 +(ii) to (v) below.  
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +• arrest would enable the special warning to be given in 
 +accordance with Code C paragraphs 10.10 and 10.11 when the 
 +suspect is found: 
 +∼ in possession of incriminating objects, or at a place where 
 +such objects are found; 
 +∼ at or near the scene of the crime at or about the time it was 
 +• the person has made false statements and/or presented false 
 +• it is thought likely that the person: 
 +∼ may steal or destroy evidence; 
 +∼ may collude or make contact with, co-suspects or 
 +∼ may intimidate or threaten or make contact with, witnesses. 
 +See Notes 2F and 2G 
 +(ii) when considering arrest in connection with the investigation of an 
 +indictable offence (see Note 6), there is a need: 
 +• to enter and search without a search warrant any premises 
 +occupied or controlled by the arrested person or where the 
 +person was when arrested or immediately before arrest; 
 +• to prevent the arrested person from having contact with others; 
 +• to detain the arrested person for more than 24 hours before 
 +(iii) when considering arrest in connection with any recordable offence 
 +and it is necessary to secure or preserve evidence of that offence 
 +by taking fingerprints,​ footwear impressions or samples from the 
 +suspect for evidential comparison or matching with other material 
 +relating to that offence, for example, from the crime scene. See 
 +Note 2H 
 +(iv) when considering arrest in connection with any offence and it is 
 +necessary to search, examine or photograph the person to obtain 
 +evidence. See Note 2H 
 +(v) when considering arrest in connection with an offence to which the 
 +statutory Class A drug testing requirements in Code C section 17 
 +apply, to enable testing when it is thought that drug misuse might 
 +have caused or contributed to the offence. See Note 2I. 
 +(f) to prevent any prosecution for the offence from being hindered by the 
 +disappearance of the person in question. 
 +This may arise when it is thought that: 
 +• if the person is not arrested they are unlikely to attend court if they 
 +are prosecuted;​ 
 +• the address given is not a satisfactory address for service of a 
 +summons or a written charge and requisition to appear at court 
 +because the person will not be at it for a sufficiently long period for 
 +the summons or charge and requisition to be served and no other 
 +person at that specified address will accept service on their behalf.  
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +3 Information to be given on Arrest 
 +(a) Cautions - when a caution must be given 
 +3.1 Code C paragraphs 10.1 and 10.2 set out the requirement for a person whom 
 +there are grounds to suspect of an offence (see Note 2) to be cautioned 
 +before being questioned or further questioned about an offence. 
 +3.2 Not used. 
 +3.3 A person who is arrested, or further arrested, must be informed at the time 
 +if practicable,​ or if not, as soon as it becomes practicable thereafter, that 
 +they are under arrest and of the grounds and reasons for their arrest, see 
 +paragraphs 2.2 and Note 3. 
 +3.4 A person who is arrested, or further arrested, must be cautioned unless: 
 +(a) it is impracticable to do so by reason of their condition or behaviour at 
 +the time; 
 +(b) they have already been cautioned immediately prior to arrest as in 
 +paragraph 3.1. 
 +(b) Terms of the caution (Taken from Code C section 10) 
 +3.5 The caution, which must be given on arrest, should be in the following 
 +“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.” 
 +Where the use of the Welsh Language is appropriate,​ a constable may 
 +provide the caution directly in Welsh in the following terms: 
 +“Does dim rhaid i chi ddweud dim byd. Ond gall niweidio eich amddiffyniad 
 +os na fyddwch chi’n sôn, wrth gael eich holi, am rywbeth y byddwch chi’n 
 +dibynnu arno nes ymlaen yn y Llys. Gall unrhyw beth yr ydych yn ei ddweud 
 +gael ei roi fel tystiolaeth.” 
 +See Note 4 
 +3.6 Minor deviations from the words of any caution given in accordance with 
 +this Code do not constitute a breach of this Code, provided the sense of the 
 +relevant caution is preserved. See Note 5 
 +3.7 Not used. 
 +4 Records of Arrest 
 +(a) General 
 +4.1 The arresting officer is required to record in his pocket book or by other 
 +methods used for recording information:​ 
 +• the nature and circumstances of the offence leading to the arrest; 
 +• the reason or reasons why arrest was necessary;​ 
 +• the giving of the caution; and 
 +• anything said by the person at the time of arrest.  
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +4.2 Such a record should be made at the time of the arrest unless impracticable 
 +to do. If not made at that time, the record should then be completed as 
 +soon as possible thereafter. 
 +4.3 On arrival at the police station or after being first arrested at the police 
 +station, the arrested person must be brought before the custody officer as 
 +soon as practicable and a custody record must be opened in accordance 
 +with section 2 of Code C. The information given by the arresting officer on 
 +the circumstances and reason or reasons for arrest shall be recorded as part 
 +of the custody record. Alternatively,​ a copy of the record made by the 
 +officer in accordance with paragraph 4.1 above shall be attached as part of 
 +the custody record. See paragraph 2.2 and Code C paragraphs 3.4 and 10.3. 
 +4.4 The custody record will serve as a record of the arrest. Copies of the 
 +custody record will be provided in accordance with paragraphs 2.4 and 2.4A 
 +of Code C and access for inspection of the original record in accordance 
 +with paragraph 2.5 of Code C. 
 +(b) Interviews and arrests 
 +4.5 Records of interview, significant statements or silences will be treated in 
 +the same way as set out in sections 10 and 11 of Code C and in Codes E and 
 +F (audio and visual recording of interviews). 
 +Notes for Guidance 
 +1 For the purposes of this Code, ‘offence’ means any statutory or common 
 +law offence for which a person may be tried by a magistrates’ court or the 
 +Crown court and punished if convicted. Statutory offences include assault, 
 +rape, criminal damage, theft, robbery, burglary, fraud, possession of 
 +controlled drugs and offences under road traffic, liquor licensing, gambling 
 +and immigration legislation and local government byelaws. Common law 
 +offences include murder, manslaughter,​ kidnapping, false imprisonment,​ 
 +perverting the course of justice and escape from lawful custody. 
 +1A This code does not apply to powers of arrest conferred on constables under 
 +any arrest warrant, for example, a warrant issued under the Magistrates’ 
 +Courts Act 1980, sections 1 or 13, or the Bail Act 1976, section 7(1), or to 
 +the powers of constables to arrest without warrant other than under 
 +section 24 of PACE for an offence. These other powers to arrest without 
 +warrant do not depend on the arrested person committing any specific 
 +offence and include: 
 +• PACE, section 46A, arrest of person who fails to answer police bail to 
 +attend police station or is suspected of breaching any condition of that 
 +bail for the custody officer to decide whether they should be kept in 
 +police detention which applies whether or not the person commits an 
 +offence under section 6 of the Bail Act 1976 (e.g. failing without 
 +reasonable cause to surrender to custody); 
 +• Bail Act 1976, section 7(3), arrest of person bailed to attend court who 
 +is suspected of breaching, or is believed likely to breach, any condition 
 +of bail to take them to court for bail to be re-considered;​ 
 +• Children & Young Persons Act 1969, section 32(1A) (absconding) – arrest 
 +to return the person to the place where they are required to reside;  
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +• Immigration Act 1971, Schedule 2 to arrest a person liable to 
 +examination to determine their right to remain in the UK; 
 +• Mental Health Act 1983, section 136 to remove person suffering from 
 +mental disorder to place of safety for assessment;​ 
 +• Prison Act 1952, section 49, arrest to return person unlawfully at large 
 +to the prison etc. where they are liable to be detained; 
 +• Road Traffic Act 1988, section 6D arrest of driver following the 
 +outcome of a preliminary roadside test requirement to enable the 
 +driver to be required to provide an evidential sample; 
 +• Common law power to stop or prevent a Breach of the Peace - after 
 +arrest a person aged 18 or over may be brought before a justice of the 
 +peace court to show cause why they should not be bound over to keep 
 +the peace - not criminal proceedings. 
 +1B Juveniles should not be arrested at their place of education unless this is 
 +unavoidable. When a juvenile is arrested at their place of education, the 
 +principal or their nominee must be informed. (From Code C Note 11D) 
 +2 Facts and information relevant to a person’s suspected involvement in an 
 +offence should not be confined to those which tend to indicate the person 
 +has committed or attempted to commit the offence. Before making a 
 +decision to arrest, a constable should take account of any facts and 
 +information that are available, including claims of innocence made by the 
 +person, that might dispel the suspicion. 
 +2A Particular examples of facts and information which might point to a 
 +person’s innocence and may tend to dispel suspicion include those which 
 +relate to the statutory defence provided by the Criminal Law Act 1967, 
 +section 3(1) which allows the use of reasonable force in the prevention of 
 +crime or making an arrest and the common law of self-defence. This may 
 +be relevant when a person appears, or claims, to have been acting 
 +reasonably in defence of themselves or others or to prevent their property 
 +or the property of others from being stolen, destroyed or damaged, 
 +particularly if the offence alleged is based on the use of unlawful force, 
 +e.g. a criminal assault. When investigating allegations involving the use of 
 +force by school staff, the power given to all school staff under the 
 +Education and Inspections Act 2006, section 93, to use reasonable force to 
 +prevent their pupils from committing any offence, injuring persons, 
 +damaging property or prejudicing the maintenance of good order and 
 +discipline may be similarly relevant. The Association of Chief Police 
 +Officers and the Crown Prosecution Service have published joint guidance 
 +to help the public understand the meaning of reasonable force and what to 
 +expect from the police and CPS in cases which involve claims of self 
 +defence. Separate advice for school staff on their powers to use 
 +reasonable force is available from the Department for Education 
 +2B If a constable who is dealing with an allegation of crime and considering 
 +the need to arrest becomes an investigator for the purposes of the Code of 
 +Practice under the Criminal Procedure and Investigations Act 1996, the 
 +officer should, in accordance with paragraph 3.5 of that Code, “pursue all 
 +reasonable lines of inquiry, whether these point towards or away from the 
 +suspect. What is reasonable in each case will depend on the particular 
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +2C For a constable to have reasonable grounds for believing it necessary to 
 +arrest, he or she is not required to be satisfied that there is no viable 
 +alternative to arrest. However, it does mean that in all cases, the officer 
 +should consider that arrest is the practical, sensible and proportionate 
 +option in all the circumstances at the time the decision is made. This 
 +applies equally to a person in police detention after being arrested for an 
 +offence who is suspected of involvement in a further offence and the 
 +necessity to arrest them for that further offence is being considered. 
 +2D Although a warning is not expressly required, officers should if practicable,​ 
 +consider whether a warning which points out their offending behaviour,​ 
 +and explains why, if they do not stop, the resulting consequences may make 
 +their arrest necessary. Such a warning might: 
 +• if heeded, avoid the need to arrest, or 
 +• if it is ignored, support the need to arrest and also help prove the 
 +mental element of certain offences, for example, the person’s intent 
 +or awareness, or help to rebut a defence that they were acting 
 +A person who is warned that they may be liable to arrest if their real name 
 +and address cannot be ascertained,​ should be given a reasonable 
 +opportunity to establish their real name and address before deciding that 
 +either or both are unknown and cannot be readily ascertained or that there 
 +are reasonable grounds to doubt that a name and address they have given is 
 +their real name and address. They should be told why their name is not 
 +known and cannot be readily ascertained and (as the case may be) of the 
 +grounds for doubting that a name and address they have given is their real 
 +name and address, including, for example, the reason why a particular 
 +document the person has produced to verify their real name and/or 
 +address, is not sufficient. 
 +2E The meaning of "​prompt"​ should be considered on a case by case basis 
 +taking account of all the circumstances. It indicates that the progress of 
 +the investigation should not be delayed to the extent that it would 
 +adversely affect the effectiveness of the investigation. The arresting 
 +officer also has discretion to release the arrested person on ‘street bail’ as 
 +an alternative to taking the person directly to the station. See Note 2J. 
 +2F An officer who believes that it is necessary to interview the person 
 +suspected of committing the offence must then consider whether their 
 +arrest is necessary in order to carry out the interview. The officer is not 
 +required to interrogate the suspect to determine whether they will attend 
 +a police station voluntarily to be interviewed but they must consider 
 +whether the suspect’s voluntary attendance is a practicable alternative for 
 +carrying out the interview. If it is, then arrest would not be necessary. 
 +Conversely, an officer who considers this option but is not satisfied that it 
 +is a practicable alternative,​ may have reasonable grounds for deciding that 
 +the arrest is necessary at the outset ‘on the street’. Without such 
 +considerations,​ the officer would not be able to establish that arrest was 
 +necessary in order to interview.  
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +Circumstances which suggest that a person’s arrest ‘on the street’ would 
 +not be necessary to interview them might be where the officer: 
 +• is satisfied as to their identity and address and that they will 
 +attend the police station voluntarily to be interviewed,​ either 
 +immediately or by arrangement at a future date and time; and 
 +• is not aware of any other circumstances which indicate that 
 +voluntary attendance would not be a practicable alternative. See 
 +paragraph 2.9(e)(i) to (v). 
 +When making arrangements for the person’s voluntary attendance, the 
 +officer should tell the person: 
 +• that to properly investigate their suspected involvement in the 
 +offence they must be interviewed under caution at the police 
 +station, but in the circumstances their arrest for this purpose will 
 +not be necessary if they attend the police station voluntarily to be 
 +• that if they attend voluntarily,​ they will be entitled to free legal 
 +advice before, and to have a solicitor present at, the interview;​ 
 +• that the date and time of the interview will take account of their 
 +circumstances and the needs of the investigation;​ and 
 +• that if they do not agree to attend voluntarily at a time which 
 +meets the needs of the investigation,​ or having so agreed, fail to 
 +attend, or having attended, fail to remain for the interview to be 
 +completed, their arrest will be necessary to enable them to be 
 +2G When the person attends the police station voluntarily for interview by 
 +arrangement as in Note 2F above, their arrest on arrival at the station 
 +prior to interview would only be justified if: 
 +• new information coming to light after the arrangements were made 
 +indicates that from that time, voluntary attendance ceased to be a 
 +practicable alternative and the person’s arrest became necessary; and 
 +• it was not reasonably practicable for the person to be arrested before 
 +they attended the station. 
 +If a person who attends the police station voluntarily to be interviewed 
 +decides to leave before the interview is complete, the police would at that 
 +point be entitled to consider whether their arrest was necessary to carry 
 +out the interview. The possibility that the person might decide to leave 
 +during the interview is therefore not a valid reason for arresting them 
 +before the interview has commenced. See Code C paragraph 3.21. 
 +2H The necessity criteria do not permit arrest solely to enable the routine 
 +taking, checking (speculative searching) and retention of fingerprints,​ 
 +samples, footwear impressions and photographs when there are no prior 
 +grounds to believe that checking and comparing the fingerprints etc. or 
 +taking a photograph would provide relevant evidence of the person’s 
 +involvement in the offence concerned or would help to ascertain or verify 
 +their real identity.  
 +Codes of Practice – Code G Statutory power of arrest by police officers 
 +2I The necessity criteria do not permit arrest for an offence solely because it 
 +happens to be one of the statutory drug testing “trigger offences” (see 
 +Code C Note 17E) when there is no suspicion that Class A drug misuse might 
 +have caused or contributed to the offence. 
 +2J Having determined that the necessity criteria have been met and having 
 +made the arrest, the officer can then consider the use of street bail on the 
 +basis of the effective and efficient progress of the investigation of the 
 +offence in question. It gives the officer discretion to compel the person to 
 +attend a police station at a date/time that best suits the overall needs of 
 +the particular investigation. Its use is not confined to dealing with child 
 +care issues or allowing officers to attend to more urgent operational duties 
 +and granting street bail does not retrospectively negate the need to arrest. 
 +3 An arrested person must be given sufficient information to enable them to 
 +understand they have been deprived of their liberty and the reason they 
 +have been arrested, as soon as practicable after the arrest, e.g. when a 
 +person is arrested on suspicion of committing an offence they must be 
 +informed of the nature of the suspected offence and when and where it 
 +was committed. The suspect must also be informed of the reason or 
 +reasons why arrest is considered necessary. Vague or technical language 
 +should be avoided. When explaining why one or more of the arrest criteria 
 +apply, it is not necessary to disclose any specific details that might 
 +undermine or otherwise adversely affect any investigative processes. An 
 +example might be the conduct of a formal interview when prior disclosure 
 +of such details might give the suspect an opportunity to fabricate an 
 +innocent explanation or to otherwise conceal lies from the interviewer. 
 +4 Nothing in this Code requires a caution to be given or repeated when 
 +informing a person not under arrest they may be prosecuted for an offence. 
 +However, a court will not be able to draw any inferences under the 
 +Criminal Justice and Public Order Act 1994, section 34, if the person was 
 +not cautioned. 
 +5 If it appears a person does not understand the caution, the person giving it 
 +should explain it in their own words. 
 +6 Certain powers available as the result of an arrest – for example, entry and 
 +search of premises, detention without charge beyond 24 hours, holding a 
 +person incommunicado and delaying access to legal advice –only apply in 
 +respect of indictable offences and are subject to the specific requirements 
 +on authorisation as set out in PACE and the relevant Code of Practice.  
 +Published with the permission of Home Office on behalf of the Controller of Her 
 +Majesty’s Stationery Office. 
 +© Crown Copyright 2012 
 +All rights reserved. 
 +You may re-use this document/​publication (not including logos) free of charge in any format 
 +or medium, under the terms of the Open Government Licence. To view this licence, visit 
 +http://​​doc/​open-government-licence or write to the 
 +Information Policy Team, The National Archives, Kew, Richmond, Surrey TW9 4DU; or 
 +ISBN 978 0 11 3413508 
 +First Impression 2012 
 +10 9 8 7 6 45 4 3 2 1 
 +Printed in the United Kingdom for The Stationery Office. 
 +Published by TSO (The Stationery Office) and available from: 
 +Mail, Telephone, Fax & E-mail 
 +PO Box 29, Norwich, NR3 1GN 
 +Telephone orders/​General enquiries: 0870 600 5522 
 +Fax orders: 0870 600 5533 
 +Textphone: 0870 240 3701 
 +TSO@Blackwell and other Accredited Agents
code_g.txt · Last modified: 2017/06/22 13:51 by frescom