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+G
+
+POLICE AND CRIMINAL EVIDENCE ACT 1984
+(PACE)
+CODE G
+REVISED
+CODE OF PRACTICE FOR THE STATUTORY
+POWER OF ARREST BY POLICE OFFICERS
+Commencement – Transitional Arrangements
+This Code applies to any arrest made by a police officer after 00:00 on
+November 2012
+G
+Codes of Practice – Code G Statutory power of arrest by police officers
+
+Introduction
+.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.
+.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.
+.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.
+.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
+question.
+.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.
+.6 The Notes for Guidance are not provisions of this code.
+. Elements of Arrest under section 24 PACE
+.1 A lawful arrest requires two elements:
+A person’s involvement or suspected involvement or attempted involvement
+in the commission of a criminal offence;
+AND
+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.
+G
+Codes of Practice – Code G Statutory power of arrest by police officers
+
+.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'
+.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
+offence;
+• 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
+committed;
+• 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.
+.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
+.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
+decide:
+• 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.
+.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.
+.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
+.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
+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.
+G
+Codes of Practice – Code G Statutory power of arrest by police officers
+
+.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.
+.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),
+namely:
+(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
+G
+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
+question.
+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
+include:
+(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.
+G
+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
+committed.
+• the person has made false statements and/or presented false
+evidence;
+• it is thought likely that the person:
+∼ may steal or destroy evidence;
+∼ may collude or make contact with, co-suspects or
+conspirators;
+∼ 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
+charge.
+(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.
+G
+Codes of Practice – Code G Statutory power of arrest by police officers
+
+Information to be given on Arrest
+(a) Cautions - when a caution must be given
+.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.
+.2 Not used.
+.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.
+.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)
+.5 The caution, which must be given on arrest, should be in the following
+terms:
+“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
+.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
+.7 Not used.
+Records of Arrest
+(a) General
+.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.
+G
+Codes of Practice – Code G Statutory power of arrest by police officers
+
+.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.
+.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 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
+.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
+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.
+A 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;
+G
+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.
+B 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)
+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.
+A 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
+B 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
+circumstances.”
+G
+Codes of Practice – Code G Statutory power of arrest by police officers
+
+C 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.
+D 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
+reasonably.
+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.
+E 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.
+F 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.
+G
+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
+interviewed;
+• 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
+interviewed.
+G 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.
+H 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.
+G
+Codes of Practice – Code G Statutory power of arrest by police officers
+
+I 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.
+J 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.
+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.
+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.
+If it appears a person does not understand the caution, the person giving it
+should explain it in their own words.
+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://www.nationalarchives.gov.uk/doc/open-government-licence or write to the
+Information Policy Team, The National Archives, Kew, Richmond, Surrey TW9 4DU; or
+email: psi@nationalarchives.gsi.gov.uk.
+ISBN 978 0 11 3413508
+First Impression 2012
+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:
+Online
+www.tsoshop.co.uk
+Mail, Telephone, Fax & E-mail
+TSO
+PO Box 29, Norwich, NR3 1GN
+Telephone orders/General enquiries: 0870 600 5522
+Fax orders: 0870 600 5533
+E-mail: customer.services@tso.co.uk
+Textphone: 0870 240 3701
+TSO@Blackwell and other Accredited Agents

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