- Mode of trial
- Either way
- Maximum sentence
- 10 years' custody
- Act and section
- Criminal Damage Act 1971, s.1(1)
- Power of arrest
- A constable may arrest without a warrant anyone who is about to commit the offence, anyone who is in the act of committing it, anyone whom he has reasonable grounds for suspecting to be about to commit it or to be committing it, and, where he has reasonable grounds for suspecting that the offence has been committed, anyone whom he has reasonable grounds to suspect of being guilty of it, but only if he has reasonable grounds for believing that for any of the reasons in s.24(5) (including to prevent the person causing loss of or damage to property, to allow the prompt and effective investigation of the offence or of the conduct of the person, and to prevent any prosecution for the offence from being hindered by the disappearance of the person) it is necessary to arrest the person (Police and Criminal Evidence Act 1984, s.24(1) to (5)).
- 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, but only if he has reasonable grounds for suspecting that he will find stolen or prohibited articles (Police and Criminal Evidence Act 1984, s.1(2) and (3)); an article is prohibited if it is made or adapted for use in the course of or in connection with, or is intended by the person having it with him for use by him or some other person in, an offence under section 1 of the Criminal Damage Act 1971 (destroying or damaging property) (Police and Criminal Evidence Act 1984, s.1(7)(b) and (8)(e)). On arrest at a place other than a police station, a constable may search the arrested person if he has reasonable grounds for believing the person may present a danger to himself or others, and 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, where he has reasonable grounds for believing the person may have concealed such a thing on him (Police and Criminal Evidence Act 1984, s.32(1), (2)(a) and (5)); as the offence is an indictable offence, the constable may also enter and search any premises in which the person was when arrested or immediately before he was arrested for evidence relating to the offence (s.32(2)(b)); and a constable may enter and search any premises occupied or controlled by a person 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 connected with or similar to it, with the written authority of an officer of the rank of inspector or above (Police and Criminal Evidence Act 1984, s.18(1) and (4)).
- Detention clock
- A person shall not be kept in police detention for more than 24 hours without being charged, calculated from the relevant time, which in the ordinary case is the time of arrival at the first police station to which the person is taken after arrest (Police and Criminal Evidence Act 1984, s.41(1) and (2)(d)). As this is an indictable offence (which includes an offence triable either way, Interpretation Act 1978, Schedule 1), a police officer of the rank of superintendent or above responsible for the police station may authorise 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 or to obtain it by questioning 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 of not more than 36 hours (s.43(1), (11) and (12)) and may extend it, no extension being longer than 36 hours and none ending later than 96 hours after the relevant time (s.44(1) and (3)).
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