Editing Arrest (section)

==Powers of arrest==

===United Kingdom===

====England and Wales====
[[File:Police arrests rebel of Extinction Rebellion at Trafalgar Square (48866722773).jpg|thumb|A police officer arresting a protester in London]]
Arrests under English law fall into two general categories—with and without a warrant—and then into more specific subcategories. Regardless of what power a person is arrested under, they must be informed<ref name="PACE 1984 S28">{{Cite web|title=Police and Criminal Evidence Act 1984|url=http://www.legislation.gov.uk/ukpga/1984/60/section/28/data.htm|url-status=dead|archive-url=https://web.archive.org/web/20090220223357/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871591|archive-date=20 February 2009|access-date=26 November 2019|website=www.legislation.gov.uk}}</ref> that they are under arrest and of the grounds for their arrest at the time or as soon after the arrest as is practicable, otherwise the arrest is unlawful.<ref name="PACE 1984 S28"/><ref>http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Beingstoppedorarrestedbythepolice/DG_196019 A person's rights when stopped, questioned or arrested by the police] (Directgov, England and Wales) {{Webarchive|url= https://web.archive.org/web/20230517184832/https://www.gov.uk/police-powers-of-arrest-your-rights|date=May 17, 2023}}</ref>

====Northern Ireland====
Arrest powers in Northern Ireland are informed by the Police and Criminal Evidence (Northern Ireland) Order 1989. This order legislates operational standards during arrest, questioning and charging a person suspected of committing a crime. Breach of this order may affect the investigation. Arrestees in Northern Ireland have the right to contact a person to inform them of an arrest, and legal representation.<ref>{{Cite web|url=https://www.wilson-nesbitt.com/our-services/services-for-individuals/criminal/arrest-and-detention-in-northern-ireland/|title=Arrest and detention in Northern Ireland &#124; Wilson Nesbitt Solicitors|website=www.wilson-nesbitt.com|access-date=26 November 2019|archiveurl= https://web.archive.org/web/20190525061601/https://www.wilson-nesbitt.com/our-services/services-for-individuals/criminal/arrest-and-detention-in-northern-ireland/|archive-date= May 25, 2019}}</ref>

====Scotland====

====Arrest with a warrant====
A justice of the peace can issue [[Arrest warrant#Scotland|warrants to arrest]] suspects and witnesses.

====Arrest without a warrant====
{{Main|Powers of the police in England and Wales#Arrest without warrant}}
There are four subcategories of arrest without warrant:
*[[Powers of the police in England and Wales#Criminal offences|under the provisions of section 24 of the Police and Criminal Evidence Act 1984]] (PACE), which only applies to [[constable]]s,
*[[Citizens arrest#England and Wales|under the provisions of section 24A of PACE]], applies to those who are not constables,
*[[Powers of the police in England and Wales#Breach of the peace|the power to arrest for a breach of the peace at common law]], which applies to everyone (constable or not and includes a power of entry), and
*[[Powers of the police in England and Wales#Other powers of arrest|the powers to arrest otherwise than for an offence]], which apply to constables only.

===United States===
United States law recognizes the [[common law]] arrest under various jurisdictions.<ref>{{cite journal|title=Atwater v. Lago Vista: Buckle-Up or Get Locked-Up: Warrantless Arrests for Fine-Only Misdemeanors Under the Fourth Amendment |last=Katz |first=Jason M. |journal=Akron Law Review |year=2003 |volume=36 |issue=3 |pages=496–498 |publisher=[[University of Akron School of Law]] |url=http://www.uakron.edu/law/lawreview/v36/docs/katz36.3.pdf |url-status=dead |archive-url=https://web.archive.org/web/20120111113407/http://www.uakron.edu/law/lawreview/v36/docs/katz36.3.pdf |archive-date=11 January 2012 }}</ref>

===Hong Kong===
The police may arrest a person according to a warrant issued by a Magistrate under sections 31, 72, 73 or 74 of the Magistrates Ordinance. For example, an arrest warrant may be issued if an accused person does not appear in Court when he is due to answer a charge.

However, an arrest warrant is not always necessary. Under section 50(1) of the Police Force Ordinance, a police officer can "apprehend" (i.e. arrest) a person if he reasonably suspects the person being arrested is guilty of an offence. Whether there is such a reasonable suspicion in a particular case is to be determined objectively by reference to facts and information which the arresting officer has at the time of the arrest. It is not necessary that the officer knows the exact statutory provision that the suspect has violated, so long as the officer reasonably suspects that the suspect has done something amounting to an offence.<ref>{{Cite web|title=Under what circumstances can the police arrest me?|url=http://www.clic.org.hk/en/topics/policeAndCrime/police_powers/q6.shtml|website=Clic|access-date=22 June 2015|archive-date=22 June 2015|archive-url=https://web.archive.org/web/20150622195942/http://www.clic.org.hk/en/topics/policeAndCrime/police_powers/q6.shtml|url-status=dead}}</ref>