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Arrest Subject to Conditions
Often in a minor case an arrest is unnecessary. The alleged offender can be summonsed by post to attend court on a particular date and there is no need to go to a police station at all. However, PACE also gives the police powers of arrest for all offences, no matter how trivial, petty or minor, which do not automatically carry a power of arrest.
The power of arrest can only be used where:
Name and address
If the police have reasonable grounds for believing that an arrest is necessary to prevent you causing physical injury to yourself or to somebody else, or suffering physical injury, or causing loss of or damage to property - including your own, or committing an offence against public decency, or causing an unlawful obstruction of the highway.
Protection
If the police have reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person (undefined) from you.
If you have been arrested under this power and are on the way to the police station, you must be released if a constable is satisfied that there are no longer any grounds for keeping you under arrest, for example if you suddenly find some kind of identification or if there is no longer any risk of damage or injury
The power of arrest can only be used where:
- A constable has reasonable grounds for suspecting that you have committed or attempted, or are committing or attempting to commit an offence - but not where it is suspected that an offence will be committed in the future.
- It appears to the constable that service of a summons is impracticable or inappropriate because any of the general arrest conditions are satisfied.
Name and address
- If your name is unknown to, and cannot be readily ascertained by the police. You cannot be made to wait while your name is ascertained or confirmed, but might agree to do so to avoid being arrested.
- If the police have reasonable grounds for doubting that you have given your real name.
- If you have failed to furnish a satisfactory address for the service of a summons - that is, one at which, it appears to the constable, you will be for a sufficiently long period to be served or at which some other specified persons will accept service of a summons. If the police have reasonable grounds for doubting whether an address furnished is satisfactory.
If the police have reasonable grounds for believing that an arrest is necessary to prevent you causing physical injury to yourself or to somebody else, or suffering physical injury, or causing loss of or damage to property - including your own, or committing an offence against public decency, or causing an unlawful obstruction of the highway.
Protection
If the police have reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person (undefined) from you.
If you have been arrested under this power and are on the way to the police station, you must be released if a constable is satisfied that there are no longer any grounds for keeping you under arrest, for example if you suddenly find some kind of identification or if there is no longer any risk of damage or injury



