Information on arrest
Tell the person they are under arrest and give the factual grounds as soon as practicable.
Handbook & Policies
The official Mystic Police Service handbook and policy document.
| Document | Description | Last Updated | Type | Size | |
|---|---|---|---|---|---|
| MPS Handbook & Policies | Official handbook, policies, procedures and officer guidance. | Current | DOC | Online | OPEN |
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IMPORTANT
All handbooks and policies are mandatory reading. Officers are responsible for staying up to date with the latest versions.
ERPT Docs
Emergency Response and Patrol Team documents.
ER
ERPT DOCUMENTS
ERPT documents will appear in this section.
RPU Docs
Roads Policing Unit documents.
RP
RPU DOCUMENTS
RPU documents will appear in this section.
ARU Docs
Armed Response Unit documents.
AR
ARU DOCUMENTS
ARU documents will appear in this section.
CID Docs
Criminal Investigation Department documents.
CI
CID DOCUMENTS
CID documents will appear in this section.
Legislation
Select a section to view its purpose, main considerations and operational guidance.
Training summary: Always check current legislation, PACE codes, force policy and supervisor guidance before exercising a power.
Caution and RightsCustody and questioning⌄
Overview
In England and Wales, officers use the police caution and PACE safeguards rather than the United States Miranda warning. A person must understand why they are being arrested or questioned and must be informed of applicable rights.
Key Points
Give the correct caution at the required time, explain grounds for arrest, and ensure access to legal advice and an interpreter where required. Extra safeguards apply to juveniles and vulnerable people.
Officer Considerations
Record the exact caution, response, time, location and anyone present. Do not question a person in a way that bypasses PACE protections or an appropriate adult requirement.
Main rights and safeguards
Someone informed
A detained person may ask for a friend, relative or other person to be informed, subject to limited lawful delay.
Legal advice
A detained person is entitled to private legal advice; any delay requires specific lawful authority.
Caution and custody safeguards
Covers cautions, detention, interviews, legal advice, interpreters, juveniles and vulnerable people.
Common Police Powers and SectionsQuick reference⌄
Overview
Frequently used powers come from several Acts. Examples include PACE sections 1, 17, 24, 32 and 117; Misuse of Drugs Act section 23; and Road Traffic Act sections 163, 164 and 165.
Key Points
A section number alone is not enough. Officers must know the legal test, scope, authorised purpose, required information, limits and recording duty for the specific power.
Officer Considerations
Before acting, identify the exact power and facts supporting it. Explain the power clearly, comply with required safeguards, use proportionate force only where authorised, and complete the relevant record.
Frequently used PACE sections
Stop and search
Search for specified prohibited or stolen articles requires the statutory grounds, information and a search record.
Entry
Permits entry for listed arrests, recapture and saving life or limb when the exact statutory conditions apply.
Post-arrest premises search
Search premises occupied or controlled by a person arrested for an indictable offence, normally with inspector authority.
Seizure on premises
A constable lawfully on premises may seize evidence where necessary to prevent its loss, concealment, damage or destruction.
Constable arrest
Requires reasonable suspicion plus reasonable belief that arrest is necessary for a statutory reason.
Any-person arrest
A limited current power for indictable offences, subject to necessity and impracticability conditions.
Search on arrest
Allows specified searches of an arrested person and certain premises for authorised purposes.
Reasonable force
Allows reasonable force where necessary to exercise a lawful PACE power unless consent is specifically required.
Criminal Law Act 1967Reasonable force⌄
Overview
Section 3 provides a statutory basis for reasonable force in preventing crime or effecting or assisting in a lawful arrest, subject to the circumstances as the officer honestly believed them to be.
Key Points
Force is never automatic. It must pursue a lawful objective and be reasonable in the circumstances. Other powers and common-law principles may also apply.
Officer Considerations
Record the threat, objective, options considered, warnings, force used, duration, injuries, aftercare and why the response was necessary and proportionate.
Relevant sections
Reasonable force
Reasonable force may be used to prevent crime or effect or assist in a lawful arrest; necessity and proportionality must be recorded.
Repealed - historical only
Section 2 is repealed and is not a current arrest power. Use PACE s24 for constables or PACE s24A for any-person arrest.
Misuse of Drugs Act 1971Controlled drugs⌄
Overview
The Act creates offences involving controlled drugs. Section 23 contains search and seizure powers where the statutory grounds and conditions are met.
Key Points
Officers must distinguish possession, supply indicators and lawful possession. Searches require proper grounds, information to the person and a complete search record.
Officer Considerations
Use appropriate PPE with unknown substances, avoid contamination, maintain exhibit continuity and obtain specialist advice for hazardous powders or suspected production sites.
Main operational sections
Production and supply
Covers production, supply, offering to supply and involvement in supplying controlled drugs.
Possession
Covers simple possession and possession with intent to supply a controlled drug.
Premises offences
Covers knowingly permitting specified controlled-drug activity on premises managed or occupied by a person.
Search and seizure
Provides specified constable search, warrant and seizure powers in controlled-drug investigations.
Road Traffic Act 1988Roads policing⌄
Overview
The Act covers core road traffic offences and police powers. Section 163 concerns stopping vehicles, while sections 164 and 165 concern production of driving documents and insurance-related requirements.
Key Points
A uniformed constable may require a driver to stop under section 163. Other traffic powers have their own conditions, evidential requirements and procedures.
Officer Considerations
Select a safe stopping location, communicate the requirement clearly, identify the driver and vehicle, record checks and grounds, and escalate only in line with pursuit and roads-policing policy.
Main roads-policing sections
Dangerous driving
Driving falls far below the competent and careful standard and obvious danger is created.
Careless driving
Driving falls below the competent and careful standard or lacks reasonable consideration for others.
Drink or drug driving
Covers driving or being in charge while unfit or above prescribed limits.
Preliminary tests
Allows specified preliminary breath, drug or impairment requirements when a statutory condition applies.
Stop vehicle
A driver must stop when required by a constable in uniform.
Identity and documents
Covers driver identity, licence, insurance and related document requirements.
Vehicle seizure
Permits seizure in specified uninsured-driving or licence circumstances after required checks and warnings.
Collision duties
Covers stopping, exchanging details and reporting after qualifying road collisions.
Firearms Act 1968Firearms and ammunition⌄
Overview
The Act regulates possession, acquisition, manufacture and use of firearms and ammunition and creates offences for prohibited weapons and unlawful possession.
Key Points
Firearms classification and lawful authority can be complex. Apparent weapons should be treated according to the assessed threat until made safe and identified by appropriately trained personnel.
Officer Considerations
Prioritise public safety, request ARU support, establish containment and do not handle or unload a firearm unless trained and authorised. Preserve its position, condition and continuity for examination.
Main operational sections
Certificate controls
Controls possession, purchase and acquisition of firearms and ammunition requiring a certificate.
Prohibited weapons
Lists weapons and ammunition prohibited without specific authority.
Intent to injure
Possession of a firearm or ammunition with intent to endanger life or enable another to do so.
Resisting arrest
Use or possession of a firearm with intent to resist or prevent lawful arrest or detention.
Public possession
Possession of specified firearms or ammunition in public without lawful authority or reasonable excuse.
Search powers
Provides specified constable stop, search and seizure powers relating to firearms.
Public Order Act 1986Public order offences⌄
Overview
The Act includes offences relating to riot, violent disorder, affray and threatening, abusive or insulting conduct, with different legal tests for each offence.
Key Points
Assess conduct, intent, likely impact, location, audience and available evidence. Peaceful protest and expression require careful consideration of lawful rights and current policy.
Officer Considerations
Prioritise communication and de-escalation, identify specific behaviour, preserve video and witness evidence, and record why intervention or arrest was necessary and proportionate.
Main public-order offences
Riot
Twelve or more people together use or threaten unlawful violence for a common purpose and meet the statutory fear test.
Violent disorder
Three or more people together use or threaten unlawful violence and meet the statutory fear test.
Affray
A person uses or threatens unlawful violence causing the statutory reasonable-person fear test to be met.
Fear or provocation of violence
Threatening, abusive or insulting conduct used with the required intent relating to immediate unlawful violence.
Intentional harassment, alarm or distress
Intentional threatening, abusive or insulting conduct that causes harassment, alarm or distress.
Harassment, alarm or distress
Threatening or abusive conduct, or disorderly behaviour, within hearing or sight of a person likely to be affected.
Protection from Harassment Act 1997Harassment and stalking⌄
Overview
The Act addresses courses of conduct amounting to harassment and includes stalking-related offences. A course of conduct generally requires behaviour on at least two occasions.
Key Points
Investigations should consider the pattern, context, victim impact, suspect knowledge, digital communications, escalation and safeguarding risk rather than viewing incidents in isolation.
Officer Considerations
Complete a risk assessment, preserve messages and call data, identify previous reports, consider protective measures and create a clear chronology of the conduct.
Harassment and stalking sections
Prohibition
Prohibits a course of conduct amounting to harassment where the person knows or ought to know.
Harassment offence
Creates the offence of pursuing a course of conduct in breach of section 1.
Stalking
Covers a course of conduct associated with stalking and harassment.
Fear of violence
Covers a course of conduct causing fear of violence on at least two occasions with the required knowledge test.
Serious stalking harm
Covers stalking causing fear of violence or serious alarm or distress with substantial adverse impact.
Restraining orders
Provides for restraining orders following conviction or acquittal in relevant cases.
Offensive Weapons and Bladed ArticlesWeapons in public⌄
Overview
Offences involving offensive weapons and bladed or sharply pointed articles arise under several Acts, including section 139 of the Criminal Justice Act 1988 and later offensive-weapons legislation.
Key Points
The prosecution may need to prove possession in a relevant place and the nature of the article. Statutory defences such as good reason or lawful authority must be considered fairly.
Officer Considerations
Make the item safe, photograph and package it securely, record where and how it was carried, capture explanations and surrounding circumstances, and preserve CCTV or witness evidence.
Main weapon provisions
Offensive weapon in public
Possession in public without lawful authority or reasonable excuse; consider made, adapted or intended weapons.
Bladed article in public
Possession of an article with a blade or sharp point in public, subject to statutory defences.
School premises
Covers bladed articles and offensive weapons on school premises.
Additional controls
Adds controls involving corrosive products, specified weapons and remote sales or delivery of bladed products.
CJPOA 1994 - Section 60Authorised stop and search⌄
Overview
Section 60 permits stop and search for offensive weapons or dangerous instruments within an authorised area and period when the statutory authorisation requirements are met.
Key Points
The power depends on a valid senior-officer authorisation. Officers must confirm the geographic area, start and end time, purpose and any extension before using it.
Officer Considerations
Explain the power and object of the search, identify yourself and station, provide the required search information, act without discrimination and complete an accurate record.
Section 60 components
Authorisation
A senior officer may authorise the power for a defined area and period when statutory serious-violence or weapons conditions are met.
Stop and search
A uniformed constable may stop and search pedestrians or vehicles for offensive weapons or dangerous instruments within a valid authorisation.
Seizure
Allows seizure of items reasonably suspected to be offensive weapons or dangerous instruments found during the search.
Disguises
A separate authorisation supports powers concerning disguises used to conceal identity; it is not automatic with every s60 authorisation.
PACE 1984 - Section 24 ArrestArrest without warrant⌄
Overview
Section 24 gives a constable power to arrest without warrant where the statutory suspicion and necessity conditions are satisfied.
Key Points
There must be reasonable grounds to suspect involvement in an offence and reasonable grounds for believing arrest is necessary for one or more statutory reasons.
Officer Considerations
State the arrest, offence and grounds; give the caution as soon as practicable; record facts supporting suspicion and necessity; use proportionate force only where lawful; and provide a complete custody handover.
Arrest requirements and related sections
Reasonable suspicion
The arresting constable must have objective facts supporting reasonable suspicion of involvement in an offence.
Necessity
The constable must reasonably believe arrest is necessary for at least one statutory reason.
Information
Tell the person they are under arrest, the suspected offence and factual grounds as soon as practicable.
Police station
An arrested person should be taken to a police station as soon as practicable, subject to lawful exceptions.