Concept

Power of arrest

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 / breach of the peace arrest powers. 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. The following individuals all have various powers of arrest or detention within England & Wales in various capacities using the following legislation/law: Police Constables Common law - to prevent a Breach of the Peace Section 49 of the Prison Act 1952 Section 32 Children & Young Persons Act 1969 Immigration Act 1971 Section 7 of the Bail Act 1976 Section 1 & Section 13 of the Magistrates' Courts Act 1980 (warrants) Section 136 of the Mental Health Act 1983 Section 24 Police Criminal Evidence Act 1984 Section 46A Police Criminal Evidence Act 1984 Section 31 Police Criminal Evidence Act 1984 Section 6D of the Road Traffic Act 1988 Section 41 of the Terrorism Act 2000 Section 9 of the Anti-social Behaviour, Crime and Policing Act 2014 National Crime Agency (formerly SOCA) officer (N.B. can possess powers of immigration, customs and excise and Police constable simultaneously) s46 Serious Organised Crime and Police Act 2005 Police Community Support Officers (PCSOs) Common law - to prevent a Breach of the Peace s24A Police Criminal Evidence Act 1984 Power to detain under Police Reform Act 2002 Members of public ("Other persons" i.

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