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1 Introduction

PACE Code G (2012) (SI 2012/1798) · issued under s.66 PACE 1984

A Code of Practice issued under section 66 of the Police and Criminal Evidence Act 1984; admissible in evidence in criminal and civil proceedings and relevant to any question of admissibility under section 67(11) PACE 1984.

1 Introduction

1.1 This Code of Practice deals with the statutory power of police to arrest a person who is involved, or suspected of being involved, in a criminal offence. The power of arrest must be used fairly, responsibly, with respect for people suspected of committing offences and without unlawful discrimination. The Equality Act 2010 makes it unlawful for police officers to discriminate against, harass or victimise any person on the grounds of the ‘protected characteristics’ of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, marriage and civil partnership, pregnancy and maternity when using their powers. When police forces are carrying out their functions they also have a duty to have regard to the need to eliminate unlawful discrimination, harassment and victimisation and to take steps to foster good relations.

1.2 The exercise of the power of arrest represents an obvious and significant interference with the Right to Liberty and Security under Article 5 of the European Convention on Human Rights set out in Part I of Schedule 1 to the Human Rights Act 1998.

1.3 The use of the power must be fully justified and officers exercising the power should consider if the necessary objectives can be met by other, less intrusive means. Absence of justification for exercising the power of arrest may lead to challenges should the case proceed to court. It could also lead to civil claims against police for unlawful arrest and false imprisonment. When the power of arrest is exercised it is essential that it is exercised in a non-discriminatory and proportionate manner which is compatible with the Right to Liberty under Article 5. See Note 1B.

1.4 Section 24 of the Police and Criminal Evidence Act 1984 (as substituted by section 110 of the Serious Organised Crime and Police Act 2005) provides the statutory power for a constable to arrest without warrant for all offences. If the provisions of the Act and this Code are not observed, both the arrest and the conduct of any subsequent investigation may be open to question.

1.5 This Code of Practice must be readily available at all police stations for consultation by police officers and police staff, detained persons and members of the public.

1.6 The Notes for Guidance are not provisions of this code.

Reproduced verbatim from PACE Code G (2012) as captured. Codes of Practice are periodically reissued — always verify against the current published Code on GOV.UK before you rely on it. This is a reference, not legal advice.
View this chapter on GOV.UK
Commencement – Transitional Arrangements2. Elements of Arrest under section 24 PACE

Official sources

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  • PACE Code G (2012) on GOV.UK

    The current, authoritative published version of this Code of Practice.

    Last checked: 2012-11-12
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Source: PACE Codes of Practice (GOV.UK, Home Office), Crown copyright, Open Government Licence v3.0.