PACE Power of arrest meaning

Fingerprints may always be taken from a suspect where they agree. If the suspect is at a police station and consents, that consent must be recorded in writing. For someone who is under 17 but has reached 14, the appropriate consent of a parent or guardian is also needed. Anyone under 14 cannot consent; in such cases, consent must come from their parent or guardian. Where a suspect withholds consent, the power to take fingerprints depends on the circumstances. Under the Police and Criminal Evidence Act 1984 (PACE 1984), police may take fingerprints without consent if: the person has been arrested, charged or convicted of an offence in the UK; they have been convicted of a serious offence overseas; or there are concerns about establishing their identity...

Lawful arrest—human rights Liberty is a core guarantee under the Human Rights Act 1998 (HRA 1998), which incorporates the rights set out in the European Convention on Human Rights (ECHR) (refer to Practice Note: An introduction to the Human Rights Act 1998). Exercising the power to arrest constitutes a serious encroachment upon that liberty. Where a person is detained unlawfully, it is a trespass to the person and constitutes false imprisonment. Whether an arrest is lawful depends on stringent statutory requirements. Lawful arrest—the test The governing test is one of necessity and has two limbs: involvement, or suspected involvement, of the person in the commission of a criminal offence, and reasonable grounds to believe that arrest is necessary Reasonable belief Under section 24(1)(c) and (d) of the Police and Criminal Evidence Act 1984 (PACE 1984), a constable may arrest, without a warrant, any individual whom they have reasonable grounds to suspect is about to commit an offence, or is...

Stop press: The Border, Security, Asylum and Immigration Act 2025 (BSAIA 2025) received royal assent on 2 December 2025. The Act introduces a fresh authority permitting searches of electronic devices belonging to any person who has come to or arrived in the UK without leave to enter or remain. For further information and context, see News Analysis: What is changing under the Border, Security, Asylum and Immigration Act 2025. This new power took effect on 5 January 2026; refer to the Border Security, Asylum and Immigration Act 2025 (Commencement No 1) Regulations 2025 (SI 2025/1318). This Practice Note is currently being revised to reflect this development. Immigration officers hold various statutory powers enabling entry to premises to look for individuals and material and, upon entry, to arrest individuals and seize evidence. The scope of these powers expanded markedly when the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013, SI 2013/1542, came into force, and expanded again particularly...