- Mode of trial
- Indictable only
- Maximum sentence
- Life imprisonment
- Act and section
- Explosive Substances Act 1883, s.2
- Power of arrest
- A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence (s.24(1)); if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it (s.24(2)); if an offence has been committed, he may arrest without a warrant anyone who is guilty of the offence or whom he has reasonable grounds for suspecting to be guilty of it (s.24(3)). The power is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) it is necessary to arrest the person in question (s.24(4)) (Police and Criminal Evidence Act 1984, s.24).
- Search on arrest
- A constable may search any person or vehicle, and anything which is in or on a vehicle, for stolen or prohibited articles, and may detain a person or vehicle for the purpose of such a search (s.1(2)), but only if he has reasonable grounds for suspecting that he will find stolen or prohibited articles (s.1(3)); a prohibited article includes an offensive weapon (s.1(7)(a)), meaning any article made or adapted for use for causing injury to persons, or intended by the person having it with him for such use by him or by some other person (s.1(9)) (Police and Criminal Evidence Act 1984, s.1). Where a person has been arrested at a place other than a police station, a constable may search the arrested person if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others (s.32(1)), may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence (s.32(2)(a)) and, the offence being an indictable offence, may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (s.32(2)(b)) (Police and Criminal Evidence Act 1984, s.32). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence (s.18(1)); the power may not be exercised unless an officer of the rank of inspector or above has authorised it in writing (s.18(4)), save where the condition in s.18(5A) is satisfied (s.18(5)) (Police and Criminal Evidence Act 1984, s.18).
- Detention clock
- A person shall not be kept in police detention for more than 24 hours without being charged, calculated from the relevant time (Police and Criminal Evidence Act 1984, s.41(1) and (2)). As this is an indictable offence (an offence which, if committed by an adult, is triable on indictment, whether exclusively so triable or triable either way: Interpretation Act 1978, Schedule 1), a police officer of the rank of superintendent or above who is responsible for the police station may authorise the keeping of the person in police detention for a period expiring at or before 36 hours after the relevant time where 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, the offence is an indictable offence and the investigation is being conducted diligently and expeditiously (s.42(1)); a magistrates' court may issue a warrant of further detention for a period not longer than 36 hours (s.43(1) and (12)) and may extend it, each extension being not longer than 36 hours and not ending later than 96 hours after the relevant time (s.44(1) and (3)) (Police and Criminal Evidence Act 1984, ss.41 to 44).
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