Define: Arrestable Offense

Arrestable Offense
Arrestable Offense
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What is the dictionary definition of Arrestable Offense?
Dictionary Definition of Arrestable Offense

Arrestable offense refers to a criminal act that is serious enough to warrant an arrest by law enforcement officials. This type of offense is typically punishable by imprisonment or a fine, and may include crimes such as assault, theft, drug possession, or driving under the influence. Arrestable offenses are considered more severe than minor infractions or violations, and may require a court appearance and legal representation.

Full Definition Of Arrestable Offense

An arrestable offence refers to a criminal act that is serious enough to warrant the immediate arrest of the suspect by law enforcement authorities. In many jurisdictions, the law provides a list of specific offences that are considered arrestable. These offences typically include serious crimes such as murder, rape, robbery, and drug trafficking.

The concept of arrestable offences is important as it allows law enforcement officers to take immediate action to prevent further harm or to secure evidence. When an arrestable offence is committed, the police have the power to apprehend the suspect without a warrant and bring them into custody.

Once arrested, the suspect’s rights, such as the right to remain silent and the right to legal representation, come into effect. The suspect may be held in custody for a certain period, depending on the jurisdiction and the seriousness of the offence, before being brought before a court for a formal charge.

It is crucial to note that the definition of arrestable offences may vary from one jurisdiction to another. Some jurisdictions may have a broader list of arrestable offences, while others may have more specific criteria for determining when an offence is arrestable. It is essential for individuals to familiarize themselves with the laws of their jurisdiction to understand which offences may lead to immediate arrest.

People Also Ask

Q: What is an arrestable offense?
A: An arrestable offense is a criminal offense that is serious enough to warrant an arrest. These offenses typically involve more serious crimes such as murder, robbery, assault, drug trafficking, or fraud.

Q: What are the criteria for an offense to be considered arrestable?
A: The criteria for an offense to be considered arrestable may vary depending on the jurisdiction, but generally, it involves crimes that are punishable by imprisonment for a certain period of time or those that pose a significant threat to public safety.

Q: Can a person be arrested for a minor offense?
A: While minor offenses may not always result in an immediate arrest, certain circumstances can lead to an arrest even for minor offenses. For example, if a person has outstanding warrants, fails to comply with a court order, or poses a risk to themselves or others, they may be arrested for a minor offense.

Q: What happens after an arrest?
A: After an arrest, the person is typically taken into custody and brought to a police station or jail. They will be processed, which includes recording personal information, taking fingerprints, and conducting a background check. Depending on the offense, they may be released on bail or held in custody until their court appearance.

Q: Can an arrestable offense lead to imprisonment?
A: Yes, an arrestable offense can lead to imprisonment if the person is found guilty in a court of law. The severity of the offense and the individual’s criminal history will be taken into consideration during sentencing.

Q: Can an arrestable offense be expunged from a person’s record?
A: Expungement laws vary by jurisdiction, but in some cases, certain arrestable offenses can be expunged from a person’s record. This typically requires meeting specific criteria, such as completing a probationary period or remaining crime-free for a certain period of time. It is advisable to consult with a lawyer to understand the expungement process in your jurisdiction.

Q: Can an arrestable offense affect employment prospects?
A: Yes, an arrestable offense can have a significant impact on employment prospects. Many employers conduct background checks, and a criminal record, even for a minor offense, can make it more difficult to secure employment. However, the impact may vary depending on the nature of the offense and the job requirements.

Q: Can an arrestable offense be defended in court?
A: Yes, an arrestable offense can be defended in court. The accused

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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  • Page URL:https://dlssolicitors.com/define/arrestable-offence/
  • Modern Language Association (MLA):Arrestable Offense. dlssolicitors.com. DLS Solicitors. April 29, 2024 https://dlssolicitors.com/define/arrestable-offence/.
  • Chicago Manual of Style (CMS):Arrestable Offense. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/arrestable-offence/ (accessed: April 29, 2024).
  • American Psychological Association (APA):Arrestable Offense. dlssolicitors.com. Retrieved April 29, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/arrestable-offence/
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Define: Arrestable Offence

Arrestable Offence
Arrestable Offence
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Quick Summary of Arrestable Offence

An arrestable offence is a term used in some legal systems, typically referring to a crime for which law enforcement officers have the authority to make an arrest without a warrant. These offences are usually more serious in nature and may include crimes such as murder, robbery, assault, drug trafficking, or other significant breaches of the law. The criteria for what constitutes an arrestable offence can vary between jurisdictions, but generally, they involve offences that pose a threat to public safety, security, or welfare. Upon arrest, the individual suspected of committing the arrestable offence is typically taken into custody, processed, and may face formal charges and court proceedings.

Full Definition Of Arrestable Offence

Significance Of The Term

Although now all but obsolete in terms of official usage in English law, ‘arrestable offence’ remains conceptually significant and is still widely used in theoretical discussions about the law. This is due, no doubt, to the intuitive appeal of the term and the various different categories of offence conceptually associated with it. It is likely also the product of ‘old habits dying hard’, especially with stiff-necked old lawyers more accustomed to the former mode of classification. In any event, it is certainly the case that those wishing to examine the law, particularly criminal law, with a deeper, more theoretical, or even philosophical lens will find it quite necessary to grasp fully the meaning of this term and its firmly established conceptual significance, something that even an Act of Parliament cannot easily undo.

From ‘Arrestable Offence’ To Simply ‘Offence’

The legal category “arrestable offence” was abolished in England and Wales on January 1, 2006, with the introduction of the Serious Organised Crime and Police Act.

Arrestable Offence

Conceptually, an ‘arrestable offence’ is an offence for which a suspect may be arrested without a warrant. The Police And Criminal Evidence Act 1984 (PACE) defines ‘arrestable offence’ principally as one that carries a sentence of five years’ imprisonment or more. However, PACE also specifies certain situations where it is lawful to arrest a suspect without a warrant, even though the infraction does not (normally) fall under the heading ‘arrestable offence.

According to PACE, the following categories of offences are designated ‘arrestable offences’:

(i) Any offence for which the sentence is fixed by law. An obvious example is murder, which carries a sentence of life imprisonment.

(ii) Any offence for which a person, 18 years old or older, who had not previously been convicted could be sentenced to a term of imprisonment for at least five years. Under this heading are found the vast majority of ‘arrestable offences’, including theft, serious assault, burglary and criminal damage. Note that in addition to major offences involving violence or dishonesty, there are some relatively minor ones included here as well, e.g. shoplifting.

(iii) Any offence listed in Schedule 1A of PACE, all of which carry sentences that either are or can be (for example, if tried summarily) less than five years imprisonment. These include: (a) offences under Section 12(1) of the Theft Act 1968 (e.g. taking a motor vehicle without consent); (b) offences under Section 3 of the Theft Act 1978 (e.g. making off without payment); (c) offences under Section 1 of the Protection of Children Act 1978 (e.g. indecent photographs of children); and (d) the offence of possessing cannabis or cannabis resin under the Misuse of Drugs Act 1971

An arrest for an act falling under this broad category of may be performed by a police officer or private citizen (performing a ‘citizen’s arrest’) against either of the following: (i) an individual in the act of committing, or reasonably suspected to be in the act of committing, an arrestable offence; (ii) where an arrestable offence has been committed, an individual who is guilty, or reasonably suspected to be guilty, of being the perpetrator of that offence. In addition, a police officer alone may arrest: (i) an individual reasonably suspected to be about to commit an arrestable offence; (ii) an individual reasonably suspected of having committed an arrestable offence, even if the arresting officer has no certain or prior knowledge that the offence was actually committed.

Note that the standard of ‘reasonable suspicion’ necessary here requires that the person performing the arrest genuinely suspect the arrested party regarding the relevant offence (whether committed, in the process of being committed, or about to be committed) and rest this suspicion on reasonably justifiable grounds. Even if the person carrying out the arrest is acting on official instructions, he must be provided sufficient information to conclude in his own mind that the grounds for suspicion of the arrested party are indeed reasonable. This matter, of course, will always be a question of fact in the particular circumstances. Nevertheless, it does provide the arrested suspect with a way to challenge the lawfulness of his arrest (however rare such a challenge might be).

Serious Arrestable Offence

PACE identifies a second category of offence, namely the ‘serious arrestable offence’. Although the powers of arrest under this heading remain the same as for the previous one, the powers of detention in this instance are rather more draconian. For example, some of the measures warranted by a serious arrestable offence include: (i) the suspect’s detention without charge for up to 96 hours; (ii) denial of access by the suspect to a solicitor; and (iii) delay of notification regarding the suspect’s detention to a family member or friend for up to 36 hours.

The list of serious arrestable offences includes:

  1. Treason, murder, manslaughter, rape, kidnapping, incest or intercourse with a girl under 13, buggery with a boy under 16, indecent assault constituting gross indecency, causing an explosion likely to endanger life or property, certain offences under the Firearms Act 1968, causing death by dangerous driving, hostage-taking, torture, various drug-related offences, ship hijacking, Channel Tunnel train hijacking, taking indecent photographs of children, and publication of obscene matter.
  2. Any purely arrestable offence whose commission has led to, was intended to lead to, is likely to lead to, or is threatened to lead to any of the following consequences: (a) serious harm to the security of the state or to public order; (b) serious interference with the administration of justice or with the investigation of an offence; (c) the death or serious injury (including disease or impairment) of any person; or (d) substantial financial gain on the part of the suspect or serious financial loss on the part of a victim.

Simply ‘Offence’

With an ever-increasing number of newly-created offences being added to Schedule 1A of PACE (thereby being made ‘arrestable’), Parliament felt it wise to abolish the category of ‘arrestable offence’ and replace PACE’s ‘complex’ structure of multi-category offences with a (critics might say equally ‘complex’) single category of offences. This is achieved through the enactment of the Serious Organised Crime and Police Act 2005. As a result, the key question presently for police authorities contemplating an arrest is whether it is ‘necessary’ to take such action; this necessity determined by criteria specified in the 2005 Act.

According to the Serious Organised Crime and Police Act 2005, the general criteria for an ‘offence’ that warrants a ‘necessary’ arrest are as follows:

(ia) The name of the relevant person is unknown to, and cannot be readily ascertained by, the police official. (ib) The police official has reasonable grounds for doubting whether a name furnished by the relevant person as his name is his real name.

(iia) The relevant person has failed to furnish a satisfactory address for service, or (iib) The police official has reasonable grounds for doubting whether an address furnished by the relevant person is a satisfactory address for service.

(iii) The police official has reasonable grounds for believing that arrest is necessary to prevent the relevant person: (a) causing physical injury to himself or any other person; (b) suffering physical injury; (c) causing loss of, or damage to, property; (d) committing an offence against public decency; or (e) causing an unlawful obstruction of the highway.

(iv) The police official has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the relevant person.

Arrestable Offence FAQ'S

Arrestable offences, also known as indictable offences, are serious crimes for which a police officer has the authority to arrest a suspect without a warrant based on reasonable grounds for suspicion.

Arrestable offences include serious crimes such as murder, manslaughter, rape, robbery, burglary, aggravated assault, drug trafficking, arson, terrorism, and certain white-collar crimes.

Generally, a police officer cannot arrest someone without a warrant for a non-arrestable offence unless certain conditions are met, such as when the suspect poses a risk of harm, is attempting to flee, or is obstructing justice.

When arresting someone for an arrestable offence, police officers have the power to use reasonable force if necessary, detain the suspect for questioning, conduct searches, and seize evidence related to the offence.

Yes, police officers are generally required to inform suspects of their rights, including the right to remain silent, the right to legal representation, and the right to consult with a solicitor before questioning.

Yes, a person arrested for an arrestable offence may be released on bail, either by the police or a court, subject to conditions such as surrendering their passport, reporting to a police station, or refraining from contacting certain individuals.

After being arrested for an arrestable offence, the suspect is usually taken to a police station for questioning, fingerprinting, and booking. The police may then decide whether to charge the suspect, release them on bail, or hold them in custody pending further investigation.

The potential consequences of being charged with an arrestable offence include criminal prosecution, trial, conviction, imprisonment, fines, probation, community service, and the creation of a criminal record.

Yes, wrongful arrests for arrestable offences can occur due to mistaken identity, false accusations, police misconduct, or insufficient evidence. In such cases, the individual may have legal remedies, including the right to challenge the arrest and seek compensation for damages.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 9th April, 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/arrestable-offence/
  • Modern Language Association (MLA):Arrestable Offence. dlssolicitors.com. DLS Solicitors. April 29, 2024 https://dlssolicitors.com/define/arrestable-offence/.
  • Chicago Manual of Style (CMS):Arrestable Offence. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/arrestable-offence/ (accessed: April 29, 2024).
  • American Psychological Association (APA):Arrestable Offence. dlssolicitors.com. Retrieved April 29, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/arrestable-offence/
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