• Our new ticketing site is now live! Using either this or the original site (both powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!

Arrestable offences

Status
Not open for further replies.
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R

RailUK Forums

B

Bletchleyite

Veteran Member
Joined
20 Oct 2014
Messages
103,885
Location
"Marston Vale mafia"
Watershed said:
All offences are arrestable nowadays, there just need to be one or more grounds for doing so. But I digress.
Click to expand...

Are Byelaw breaches arrestable? Even if they are, they would almost never actually be arrested, whereas people are arrested for fraud all the time (though such a minor case is very unlikely to be).

RoRA probably technically is, but again has it ever happened?
 
Watershed

Watershed

Veteran Member
Associate Staff
Senior Fares Advisor
Joined
26 Sep 2020
Messages
13,917
Location
UK
Bletchleyite said:
Are Byelaw breaches arrestable? Even if they are, they would almost never actually be arrested, whereas people are arrested for fraud all the time (though such a minor case is very unlikely to be).

RoRA probably technically is, but again has it ever happened?
Click to expand...
All offences are. The concept of 'arrestable offence' was abolished quite some time ago. There are now two tests that must be satisfied for an arrest to be lawful:
  • a person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence; and
  • reasonable grounds for believing that the person’s arrest is necessary.
The possible grounds of necessity are outlined in this solicitor firm's blog post.

I don't doubt that people have been arrested for both offences, if they refuse to provide their name and address for instance.
 
P

pedr

Member
Joined
24 Aug 2016
Messages
341
"If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it." (PACE s. 24 (2) as amended).

This power can only be exercised if the arrest is necessary for one of the reasons in subsection 5: https://www.legislation.gov.uk/ukpga/1984/60/section/24

There is no longer a distinction between types of offence for this purpose, so as far as I can tell the bylaw offences can lead to arrest.
 
Status
Not open for further replies.

Top