Code G: Code of Practice for the Statutory Power of Arrest by Police Officers

Code G governs the exercise of the power of arrest under section 24 of PACE 1984, as amended by the Serious Organised Crime and Police Act 2005. The code reflects the significant reform of arrest powers brought about by SOCA 2005, which removed the old distinction between arrestable and non-arrestable offences and replaced it with a single general power of arrest for any offence, subject to the necessity test. An arrest is only lawful if the constable has reasonable grounds to suspect involvement in an offence and also has reasonable grounds to believe that an arrest is necessary, for one of the reasons set out in section 24(5) of PACE.

Key Sections

1 Introduction: Explains the two-part test for a lawful arrest: first, the officer must have reasonable grounds to suspect the person has committed, is committing, or is about to commit an offence; second, the officer must have reasonable grounds to believe the arrest is necessary for one of the statutory reasons.

2 Elements of arrest under section 24 PACE: Describes the statutory necessity criteria for arrest: to ascertain the person's name or address; to prevent injury to the person or others, or loss of or damage to property; to protect a child or other vulnerable person; to prevent the person absconding; to allow the prompt and effective investigation of the offence; to prevent any prosecution for the offence being hindered by the disappearance of the person.

3 Information to be given on arrest: A person must be told they are under arrest and the reason for the arrest at the time of or as soon as practicable after the arrest, in ordinary language they can understand. This is required even if the reason is obvious. Failure to give the reason renders the arrest unlawful.

4 Records of arrest: The arresting officer must make a written record of the arrest as soon as practicable. The record must include the time of arrest, the grounds for arrest, the necessity criteria relied upon, and the caution administered.

NFG 2F-2G Voluntary attendance at police station: Notes for Guidance 2F and 2G address voluntary attendance. A person who attends a police station voluntarily is not under arrest and may leave at any time unless arrested. If an officer decides that a voluntary attender needs to be arrested, the statutory necessity test must be applied and the arrest must be carried out lawfully.