The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces (most commonly a member of the British Transport Police) can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables (both full-time and volunteer special constables). All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
There are several general powers constables have that normal members of the public do not, including: the power to detain people in certain circumstances the power to stop and search people/vehicles in certain circumstances various powers of entry in certain circumstances the power to seize and retain property in certain circumstances the power to arrest people with or without warrant for any offence and in various other circumstances. (A significantly wider power than that provided to members of the public, often described as "citizen's arrest") the power to direct the behaviour of persons and vehicles on highways and in other public places the power to demand name/address and certain documents of anyone driving a motor vehicle on a public road
The powers have various limits and generally require a clear reason for their exercise to be made known to a person subject of to one of the above powers, unless impractical due to the persons behavior or unusual circumstances.
Powers to stop and search can be extended on a limited (by place and duration) basis by legislation such as s.60 of the Criminal Justice and Public Order Act 1994 or ss.44-47 of the Terrorism Act 2000.
Once a person has been arrested his/her vehicle or residence can be searched without the need for a warrant to be obtained for the purpose of obtaining evidence connected to the offence causing the arrest, as long as the offence or suspected offence was indictable. This power is provided by Section 18(1) or 18(5) and/or 32(2) of PACE 1984 depending on the circumstances. If a person is arrested in a premises or were in a premises immediately before arrest, Section 32(2) states a Constable has the power "to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence". Constables and PCSOs also have the power under this section to search an individual for items that may assist or facilitate an escape from custody (i.e. an arrest or detention)
Source of powers
The basic powers of the police derive from the Police Act 1996, which covers attestation (section 29), jurisdiction (section 30) and a number of other matters. Day to day, common law features greatly in relation to use of force (self defence & defence of others) and a number of other areas. The Police and Criminal Evidence Act 1984 is a key piece of legislation in relation to policing which was amended by the Serious Organised Crime and Police Act 2005, significantly, in relation to powers of arrest. Another notable piece of legislation is the Police Reform Act 2002. This act extended limited policing powers to those within the police family who are not warranted constables, such as PCSOs and others.
Exclusive powers The Policing and Crime Act 2017 identified a set of powers exclusive to constables that could not be conferred on police staff such as Police Community Support Officers. Section 28(4)(a) states a PCSO will be able to be designated with "any power or duty of a constable (other than a power or duty specified in Part 1 of Schedule 3B excluded powers and duties)". These excluded powers would be:
Any power or duty of a constable to make an arrest under s24 PACE 1984 (note: this does not limit the use of s24A PACE powers) Any power or duty of a constable to stop and search an individual or a vehicle or other thing The power of a constable, under section 36(4) of the Police and Criminal Evidence Act 1984, to perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them Any power that is exercisable only by a constable of a particular rank Any power of a constable under (a) the Terrorism Act 2000; (b) the Terrorism Act 2006; (c) the Counter-Terrorism Act 2008; (d) the Terrorism Prevention and Investigation Measures Act 2011; (e) the Counter-Terrorism and Security Act 2015 Any power of a constable under the Official Secrets Act 1911 to 1989 The power of a constable to make an application on behalf of the Commissioner of Police of the Metropolis under section 6 of the Regulation of Investigatory Powers Act 2000 (applications for interception warrants) This bill received Royal Assent on 31 January 2017 and was subsequently passed into law.
Detention There are three different types of detention: detention without arrest, detention after arrest (but before charge), and detention after charge.
Detention without arrest Detention without arrest is only permitted in certain circumstances, and is not a generally available power as in some other jurisdictions. In addition to the power to detain during a search (as described below) a Constable may detain a person under the following provisions (other public servants are also able to use some of these powers): + Section and Act Purpose Duration Notes section 12 of the Contempt of Court Act 1981 for contempt of court until the court rises (end of the day) when ordered by the court section 136 of the Mental Health Act 1983 people suffering from mental disorders in a public place and in immediate need of care or control for 72 hours section 138 or section 18 of the Mental Health Act 1983 people who have absconded from detention under the Act to return them to lawful custody section 118 of the County Courts Act 1984 for contempt of court until the court rises (end of the day) when ordered by the court section 136 of the Magistrates' Courts Act 1980 for non-payment of a fine until 8am the next morning when ordered by the court section 21A of the Football Spectators Act 1989 to determine whether a football banning order should be made for four hours (six with permission of an Inspector) British citizens only
Detention after arrest Where a person is arrested for an offence, they will be taken to a police station. The custody officer at that police station must determine whether he has sufficient evidence to charge the detainee for the offence and may keep the detainee in custody until he can make this decision. The suspect may be charged if the charge officer believes that there is a reasonable prospect of conviction.Code C to the Police and Criminal Evidence Act 1984, para 11.5 If the Custody Officer determines that he does have sufficient evidence, he must charge the person or release him. If he determines he does not have enough evidence to charge him he must release him unless he has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.
In terrorism cases, a person may be detained for a maximum of 28 days. Otherwise (and subject to exceptions), a person may be detained for a maximum of 96 hours from the relevant time (normally the time an arrested person arrives at the first police station that he is taken to), in line with the following restrictions:
Authorising person Test to be applied Requirement for review Maximum limit Custody Officer insufficient evidence to charge the arrested person and reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him Review Officer insufficient evidence to charge the arrested person and reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him 6 hours after the decision to detain or 9 hours after the last review 24 hours from the relevant time Superintendent or abovethe Review Officer has made two reviews reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him offence for which he is under arrest is an indictable offence investigation is being conducted diligently and expeditiously 36 hours from the relevant time Magistrates' court application made on oath by a Constable satisfied that there are reasonable grounds for believing that his detention without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him; an offence for which he is under arrest is an indictable offence; and the investigation is being conducted diligently and expeditiously.sections 43 and 44 of the Police and Criminal Evidence Act 1984 A magistrates' court can only grant or extend a warrant for up to 36 hours. 96 hours from the relevant time
On expiry of the time limit, the arrested person must be released, either on or without police bail and may not be rearrested without warrant for the same offence unless new evidence has come to light since the original arrest.
Detention after charge Following charge, a person may be detained in custody pending their trial or during their trial before sentencing.
Immediately after charge, if the detainee is not released (either on police bail or without bail), he must be brought before a magistrates' court as soon as is practicable (first appearance).
Treatment in detention The treatment of suspects held in detention is governed by Code H to the Police and Criminal Evidence Act 1984 in the case of suspects related to terrorism and by Code C in other cases. It is generally the responsibility of a designated Custody Officer to ensure that the provisions of the relevant Code and of the Police and Criminal Evidence Act 1984 are not breached.
In particular, a person detained has the following rights; and must be informed of these rights at the earliest opportunity: to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told that he has been arrested and where he is being detained; and to consult a solicitor. three meals a day drinks "on demand" eight hours of sleep/rest at night a clean cell
Some or all of these rights may be suspended in exceptional circumstances.
Search without warrant
Premises