Power of arrest

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The power of arrest is a mandate given by a central authority that allows an individual to remove a criminal's (or suspected criminal's) liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage to property.

However, in many countries, a person also has powers of arrest under citizen's arrest or any person arrest powers.

Individuals with powers of arrest[edit]

Originally, powers of arrest were confined to sheriffs in England for a local area. Over the past few hundred years, the legal power of arrest has gradually expanded to include a large number of people/officials, the majority of which have come to the fore more recently. These various individuals all may utilise similar or different powers of arrest, but generally adhere to one particular field.

The individuals below have been listed in order of when the power of arrest became available to the individual, starting from the earliest.

United Kingdom[edit]

England & Wales[edit]

The following individuals all have various powers of arrest or detention within England & Wales in various capacities using the following legislation/law:

Police Constables

National Crime Agency (formerly SOCA) officer (N.B. can possess powers of immigration, customs and excise and Police constable simultaneously)

Police Community Support Officers (PCSOs)

Members of public ("Other persons" i.e. anyone who is not a constable)

Immigration Officer [ formerly UK Border Agency] (In 2013 the UK Border Agency was abolished with 3 separate Home Office organisations taking over responsibility for immigration functions: 1. Border Force - responsible for control of the UK's borders; 2. Immigration Enforcement - responsible for dealing with immigration offenders within the UK; and 3. UK Visas and Immigration - responsible for international functions such as processing applications from persons overseas for leave to enter the UK (via visa sections) and internal functions such as applications from persons within the UK for further leave to remain or those claiming asylum].

  • s28a [Immigration Act 1971]
  • schedule 2, paragraph 17(1) [Immigration Act 1971]
  • s23 [UK Borders Act 2007]

HMRC Criminal Investigation Officers

Service Police (RMP/RAFP/RNP)

Prison officers

Court bailiff

Court officer

Court security officer

Sheriff (Sheriffs Act 1887)

Serjeant at Arms of the House of Commons
Officer or agent Companies Clauses Consolidation Act 1845

Epping Forest Keepers (park rangers)

Environment Agency officer

Water bailiff

IPCC investigators

United States[edit]

In the United States, various law enforcement officers are able to legally arrest people. Due to the complexity of the American civil legal system, including the interactions between federal, state, county, and local jurisdictions, there are numerous special cases that apply, depending on the reason for the arrest.

References[edit]

See also[edit]