Last amended by Serious Organised Crime and Police Act 2005 in 2005. Replaced the old arrestable/non-arrestable distinction with a single power of arrest for any offence, subject to a necessity test.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The foundational statute governing police powers and the rights of suspects in England & Wales. Regulates stop and search, arrest, detention, questioning, identification procedures, and the admissibility of evidence. Supplemented by detailed Codes of Practice (Codes A-H).
Key Points
- Stop and search powers and safeguards (Part I, ss.1-7)
- Powers of entry, search, and seizure (Part II, ss.8-22)
- Arrest without warrant — reasonable grounds for suspecting (s.24)
- Detention time limits (s.41 — 24 hours, extendable to 36/96 hours)
- Right to have someone informed (s.56)
- Right to legal advice (s.58)
- Codes of Practice A-H with statutory force
- Exclusion of unfair evidence (s.78)
- Confession evidence — oppression and unreliability (s.76)
Parts & Sections
Amendments History
2003 — Criminal Justice Act 2003
Reformed the arrest powers under s.24, extending the power of arrest without warrant to all offences subject to a necessity test.
2005 — Serious Organised Crime and Police Act 2005
Replaced the old arrestable/non-arrestable distinction with a single power of arrest for any offence, subject to a necessity test.
Frequently asked questions
- When can a police officer stop and search me?
- Under the Police and Criminal Evidence Act 1984, a constable may stop and search a person or vehicle if they have reasonable grounds to suspect they will find stolen or prohibited articles. Before conducting the search, the officer must state their name, police station, the object of the search, and the specific grounds for making it.
- How long can the police detain me without charging me?
- Generally, a person cannot be kept in police detention for more than 24 hours without being charged. This period can be extended to 36 hours by a superintendent or up to 96 hours by a magistrates' court. After a person is charged, the custody officer must release them on bail unless specific conditions apply.
- Do I have the right to see a lawyer while in custody?
- An arrested person held in custody has the right to consult a solicitor privately at any time. While this right is fundamental, the police may only authorise a delay in access to legal advice in limited circumstances, specifically for indictable offences.
- Can my confession be used against me if I felt pressured?
- If a confession is obtained by oppression or in circumstances likely to make it unreliable, it shall not be admitted in court. However, the prosecution can still have it admitted if they prove beyond reasonable doubt that the confession was not obtained in such a manner.
- Can the court exclude evidence that was obtained unfairly?
- The court has the power to refuse to allow evidence to be used if its admission would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted. This decision is made having regard to all the circumstances, including how the evidence was obtained.
- Can I tell someone I have been arrested?
- An arrested person held in custody is entitled to have one person informed of their arrest as soon as practicable. This right ensures that a designated contact is aware of the individual's detention and location.