Untangling different categories of offences. Brief notes on different types of offences, in relation to offences that TPers may be arrested for.
This briefing summarises some of the main categories of offence, which give rise to different rules for police detention, fingerprinting and other matters. It may be useful for those who are reading up in Police and Criminal Evidence Act 1984 (PACE)[note] and who are uncertain about what terms like “recordable offence” or “arrestable offence” mean.
Note that the notes on the implications of different offences are not exhaustive: see separate briefings on things like fingerprints and DNA samples for more accurate/comprehensive details.
Mean that you can be fingerprinted and/or a non-intimate DNA sample taken without your consent and without the authorisation of a Superintendent, after being charged (or informed that you are being reported), or after conviction.[note]
Almost all criminal offences are (now) recordable, including Public Order Act 1986 (POA) offences under ss.5, 11–14C (disorderly conduct, and offences relating to processions and assemblies). All imprisonable offences are automatically recordable (which includes POA offences under ss.1–4A, and Criminal Justice and Public Order Act 1994 (CJPOA) offences under ss.68–69). ‘Obstruction of the Highway’ is not a recordable offence.[note]
Mean that you can be detained after charge, if the custody officer has a reasonable belief that detention is necessary to prevent you from committing an offence.[note]
An imprisonable offence is one where the maximum sentence is imprisonment, even if a (small) fine is a far more likely outcome. This includes CJPOA ss.68–69 (aggravated trespass), POA ss.1-4A (riot, violent disorder, affray, causing fear of violence, disorderly conduct with intent), Criminal Damage (any amount), Criminal Law Act s.10 (obstructing the sheriff, e.g. in evictions), obstructing the police, conspiracy (and many others!).
Mean that you can be arrested without a warrant, including (by a constable only) if he has reasonable grounds for suspecting that you are about to commit the offence.[note] Also, the right to make a ’phone call or to write a letter while in police custody can sometimes be denied or delayed for arrestable offences, and the police can enter and search a private building without a warrant to arrest you.[note]
An arrestable offence is one which carries a maximum prison sentence of 5 years or more (for adults), plus some others (including offences under the Official Secrets Acts). Arrestable offences include Criminal Damage (whatever the value), riot and violent disorder (POA, ss.1,2) and some drugs offences (including production, supply and possession of a controlled drug).
Note that you can still be arrested (by a constable) without a warrant for non-arrestable offences, under PACE s.25, but only if the “general arrest conditions” are satisfied (i.e. to get your name and address, or to check it if the constable has reasonable grounds for doubting the name or address given, or to prevent physical injury, damage to property, an offence against public decency or an unlawful obstruction of the highway).
Mean that (under certain circumstances only) you can be held for over 24 hours in police custody,[note] and your rights to legal advice and to have a friend or relative notified can be delayed.[note] Also, magistrates can issue a search warrant (for a building), if they are satisfied that there are reasonable grounds for believing that a serious arrestable offence (SAO) has been committed and that there is relevant material on the premises.[note]
SAOs include the most serious offences (murder, rape etc, but not robbery, burglary or many other offences commonly regarded as ‘serious’), and also various other offences (including endangering safety at aerodromes and offences relating to supply of controlled drugs). Also, any arrestable offence (see above) can be a SAO if it is intended or likely to lead to serious harm to the security of the state or to public order, serious interference with the administration of justice or investigation of an offence, death, serious injury, substantial financial gain or serious financial loss (i.e. serious for the loser). But note that a non-arrestable offence (including most POA and CJPOA public order offences) can never be a SAO.
© Copyright 2001, Andrew Gray
What, “copyright”! Isn’t copyright evil? [ You better read these notes]
This briefing was written by me (with or without help from others) for Trident Ploughshares, but may be used freely and copied/distributed by others. In order to guarantee this freedom, the briefing is copyrighted and licensed under the GNU Free Documentation License (formal license statement follows).
Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.1 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts and no Back-Cover Texts. A copy of the license is included in the section entitled “GNU Free Documentation License.”
I am not a lawyer. The briefing is not guaranteed in any way, and is not a substitute for proper legal advice. Feedback and corrections are very welcome, phone 0845 4588 368, email andrew@andrewgray.uklinux.net.
Andrew Gray, TP legal support (England & Wales)
This briefing was last revised: 3/7/2001
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