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Powers of arrest Correct on the date of publication - 4 May 2026 Question: Where can I find a summary of the statutory and common law powers of arrest? Answer: Powers of arrest - Without warrant for an offence Section 24 of PACE is the comprehensive statutory arrest power for any offence other than a terrorism or national security offence below, which have their own arrest power. The provisions of this section and the necessity test under Code G (S891 on PNLD) must be met. Section 41 of the Terrorism Act 2000 requires reasonable suspicion that a person is a terrorist. There is no need for the necessity test to be passed. Schedule 8 to the Act provides for the treatment of a person detained under section 41. Section 27 of the National Security Act 2023 requires that the suspected person is or has been involved in foreign power threat activity. Schedule 6 makes provision about detention under this section. Without warrant - Road Traffic Act 1988 Section 6D of the Road Traffic Act 1988 provides a power of arrest without warrant where either - as a result of a preliminary breath test or preliminary drug test the constable reasonably suspects that the proportion of alcohol in the person's breath/blood exceeds the prescribed limit, or the person has a specified controlled drug in his body and the proportion of it in their blood/urine exceeds the specified limit for that drug, or the person fails to co-operate with a preliminary test and the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug. A person may not be arrested under this section while at a hospital as a patient – section 6D(3). Without warrant - failure to answer police bail Section 46A of PACE provides a power of arrest for failure to answer police bail where a person has been released on bail under sections 34 – 52 of PACE to police station. Section 46A(1A) of PACE provides a specific power of arrest for breaking a condition of police bail (person released on bail under sections 34 – 52 of PACE to police station). Section 30D of PACE provides a power of arrest for failure to answer bail under section 30A (street bail) Preserved powers of arrest Section 26 of PACE abolished the majority of specific powers of arrest of constables, mostly for minor offences with attached conditions. Some powers of arrest were preserved in Schedule 2 to the Act (often because they are not confined to arrests for crime). These powers are to arrest without warrant and there is no requirement for the necessity test to be passed - Section 49 of the Prison Act 1952. Section 13 of the Visiting Forces Act 1952. Section 32 of the Children and Young Persons Act 1969. Section 24(2) of the Immigration Act 1971 and paragraph 17, 24 and 33 of Schedule 2 and paragraph 7 of Schedule 3 to that Act. This is a very specific power of arrest for use in circumstances described in paragraph 17. Section 7 of the Bail Act 1976. Arrest may be made without warrant under section 7(3) of the Bail Act 1976 where a person has been bailed to attend court but who is suspected of breaching, or is believed likely to breach, any condition of bail. The arrest is purely a power to take them to court for bail to be re-considered. Note It is an offence to have failed to have surrendered to court or police bail without reasonable cause contrary to section 6(1) of the Bail Act 1976 H575 and an offence to have failed without reasonable cause to have surrendered to court or police bail or as soon after that time as was reasonably practicable contrary to section 6(2) of the Bail Act 1976 - however the power of arrest for these offences is under section 24 of PACE. Sections 18, 35(10), 36(8), 38(7), 136(1) and 138 of the Mental Health Act 1983. Section 5(5) of the Repatriation of Prisoners Act 1984. With warrant Under section 1 of the Magistrates’ Courts Act 1980 an arrest may be made upon application made for a warrant and that warrant being granted. Guidance is provided in the Criminal Procedure Rules 2025 in relation to an indictable offence or person’s address unknown for service of a summons. An arrest may be made under section 13 of the Magistrates’ Courts Act 1980 where the court hasn’t proceeded in absence of the accused but instead has adjourned or further adjourned the trial and issued a warrant. Under section 7(1) of the Bail Act 1976 in relation to post charge bail to court, if a person fails to surrender to custody at the time appointed for him to do so the court may issue a warrant for his arrest. Breach of court-imposed restrictions - (list not exhaustive) - Arrest may be made without warrant under section 9 of the Anti-social Behaviour, Crime and Policing Act 2014 where a respondent breaches an injunction issued under section 1 of that Act that has a power of arrest attached. Arrest with warrant issued under section 10 of the Anti-Social Behaviour, Crime and Policing Act 2014. Arrest with warrant issued under section 40(5) of the Domestic Abuse Act 2021. An arrest may be made if a person has failed to comply with a domestic abuse protection order or is otherwise in contempt of court in relation to the order. Note section 40(9) provides that arrest without warrant for an offence under this section is provided by section 24 of PACE. Common Law For breach of the peace (not an offence), contrary to Common Law an arrest may be made if someone is breaching or about to breach the peace. Arrest without warrant - other persons Section 24A of PACE sets out the power of arrest for persons other than constables. The exercise of this citizen’s power of arrest is limited to indictable offences. View the full Legal Q&A document here, with links to related and similar legal questions. For quick and easy access in the future, click the pin icon from the top right of any document to save it to 'My Documents'.

Powers of arrest

Correct on the date of publication - 4 May 2026

Question:

Where can I find a summary of the statutory and common law powers of arrest?

Answer:

Powers of arrest -

Without warrant for an offence

Section 24 of PACE is the comprehensive statutory arrest power for any offence other than a terrorism or national security offence below, which have their own arrest power. The provisions of this section and the necessity test under Code G (S891 on PNLD) must be met.
Section 41 of the Terrorism Act 2000 requires reasonable suspicion that a person is a terrorist. There is no need for the necessity test to be passed. Schedule 8 to the Act provides for the treatment of a person detained under section 41.
Section 27 of the National Security Act 2023 requires that the suspected person is or has been involved in foreign power threat activity. Schedule 6 makes provision about detention under this section.

Without warrant - Road Traffic Act 1988

Section 6D of the Road Traffic Act 1988 provides a power of arrest without warrant where either -
- as a result of a preliminary breath test or preliminary drug test the constable reasonably suspects that the proportion of alcohol in the person's breath/blood exceeds the prescribed limit, or the person has a specified controlled drug in his body and the proportion of it in their blood/urine exceeds the specified limit for that drug, or
- the person fails to co-operate with a preliminary test and the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.

A person may not be arrested under this section while at a hospital as a patient – section 6D(3).

Without warrant - failure to answer police bail

Section 46A of PACE provides a power of arrest for failure to answer police bail where a person has been released on bail under sections 34 – 52 of PACE to police station.
Section 46A(1A) of PACE provides a specific power of arrest for breaking a condition of police bail (person released on bail under sections 34 – 52 of PACE to police station).
Section 30D of PACE provides a power of arrest for failure to answer bail under section 30A (street bail)

Preserved powers of arrest

Section 26 of PACE abolished the majority of specific powers of arrest of constables, mostly for minor offences with attached conditions. Some powers of arrest were preserved in Schedule 2 to the Act (often because they are not confined to arrests for crime).

These powers are to arrest without warrant and there is no requirement for the necessity test to be passed -

Section 49 of the Prison Act 1952.
Section 13 of the Visiting Forces Act 1952.
Section 32 of the Children and Young Persons Act 1969.
Section 24(2) of the Immigration Act 1971 and paragraph 17, 24 and 33 of Schedule 2 and paragraph 7 of Schedule 3 to that Act. This is a very specific power of arrest for use in circumstances described in paragraph 17.
Section 7 of the Bail Act 1976. Arrest may be made without warrant under section 7(3) of the Bail Act 1976 where a person has been bailed to attend court but who is suspected of breaching, or is believed likely to breach, any condition of bail. The arrest is purely a power to take them to court for bail to be re-considered. Note It is an offence to have failed to have surrendered to court or police bail without reasonable cause contrary to section 6(1) of the Bail Act 1976 H575 and an offence to have failed without reasonable cause to have surrendered to court or police bail or as soon after that time as was reasonably practicable contrary to section 6(2) of the Bail Act 1976 - however the power of arrest for these offences is under section 24 of PACE.
Sections 18, 35(10), 36(8), 38(7), 136(1) and 138 of the Mental Health Act 1983.
Section 5(5) of the Repatriation of Prisoners Act 1984.

With warrant

Under section 1 of the Magistrates’ Courts Act 1980 an arrest may be made upon application made for a warrant and that warrant being granted. Guidance is provided in the Criminal Procedure Rules 2025 in relation to an indictable offence or person’s address unknown for service of a summons.

An arrest may be made under section 13 of the Magistrates’ Courts Act 1980 where the court hasn’t proceeded in absence of the accused but instead has adjourned or further adjourned the trial and issued a warrant.

Under section 7(1) of the Bail Act 1976 in relation to post charge bail to court, if a person fails to surrender to custody at the time appointed for him to do so the court may issue a warrant for his arrest.

Breach of court-imposed restrictions - (list not exhaustive) -

Arrest may be made without warrant under section 9 of the Anti-social Behaviour, Crime and Policing Act 2014 where a respondent breaches an injunction issued under section 1 of that Act that has a power of arrest attached.
Arrest with warrant issued under section 10 of the Anti-Social Behaviour, Crime and Policing Act 2014.
Arrest with warrant issued under section 40(5) of the Domestic Abuse Act 2021. An arrest may be made if a person has failed to comply with a domestic abuse protection order or is otherwise in contempt of court in relation to the order. Note section 40(9) provides that arrest without warrant for an offence under this section is provided by section 24 of PACE.

Common Law

For breach of the peace (not an offence), contrary to Common Law an arrest may be made if someone is breaching or about to breach the peace.

Arrest without warrant - other persons

Section 24A of PACE sets out the power of arrest for persons other than constables. The exercise of this citizen’s power of arrest is limited to indictable offences.

View the full Legal Q&A document here, with links to related and similar legal questions.

For quick and easy access in the future, click the pin icon from the top right of any document to save it to 'My Documents'.

Powers of arrest

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Powers of arrest

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