Under PACE 1984, section 24(3), which persons may be arrested without warrant for a past offence?

Under PACE 1984, section 24(3), which persons may be arrested without warrant for a past offence?

• A. Anyone who is guilty of the offence
• B. Anyone whom he has reasonable grounds for suspecting to be guilty of it
• C. Anyone who is guilty or anyone whom he has reasonable grounds for suspecting to be guilty of it
• D. Anyone who has reasonable grounds to suspect a future offence

Answer: (C)

At the heart of this question is how PACE 1984 allows arrest without a warrant when the offence has already occurred. For a past offence, the police may arrest without a warrant if there are reasonable grounds to suspect that the person has committed it, or if there is actual knowledge or evidence showing that the person is guilty of the offence. This means two pathways: either there is reasonable suspicion of guilt based on facts, or there is clear evidence that the person is guilty. This is why the best choice includes both ideas: a person who is guilty can be arrested without a warrant, and a person whom the officer has reasonable grounds for suspecting to be guilty can be arrested without a warrant. The standard of “reasonable grounds” is objective and grounded in identifiable facts, not mere guesses. The option focusing on a future offence isn’t applicable to a past offence, since different powers apply when someone is about to commit an offence. The idea that arrest could occur solely because someone is known to be guilty would also be too narrow if there isn’t already clear evidence or admission.

At the heart of this question is how PACE 1984 allows arrest without a warrant when the offence has already occurred. For a past offence, the police may arrest without a warrant if there are reasonable grounds to suspect that the person has committed it, or if there is actual knowledge or evidence showing that the person is guilty of the offence. This means two pathways: either there is reasonable suspicion of guilt based on facts, or there is clear evidence that the person is guilty.

This is why the best choice includes both ideas: a person who is guilty can be arrested without a warrant, and a person whom the officer has reasonable grounds for suspecting to be guilty can be arrested without a warrant. The standard of “reasonable grounds” is objective and grounded in identifiable facts, not mere guesses.

The option focusing on a future offence isn’t applicable to a past offence, since different powers apply when someone is about to commit an offence. The idea that arrest could occur solely because someone is known to be guilty would also be too narrow if there isn’t already clear evidence or admission.