Police to get more arrest powers

BBC
Dec. 29, 2005

Police will have greater powers of arrest in England and Wales after new laws come into force on New Year's Day.

The powers mean people can be arrested for all offences, even minor ones like painting graffiti and dropping litter.

Currently officers can only arrest people suspected of committing crimes with at least a five-year jail sentence - although there are exemptions.

But the powers of arrest will not be automatic, as police officers will have to apply a "necessity test".

Current non-arrestable offences include impersonating a police officer, failing to stop a vehicle when ordered to do so, manufacturing or selling an offensive weapon, failing to hand over a passport to a court and unauthorised access or modification of computer material, which deals with some more minor hacking offences.

Home Office minister Hazel Blears says the aim of the new laws, which are being introduced in the Serious and Organised Crime Act 2005, is to modernise and simplify police powers.

"The introduction of a single rationalised power of arrest simplifies arrest powers and requires police to consider the 'necessity' of the arrest," she said.

"This means that the officer has to focus on the individual circumstances of the case and the needs of the investigation."

Shadow home secretary David Davis dismissed the proposals when they were originally proposed in August last year by former home secretary David Blunkett as "another headline grabbing initiative".

But Ms Blears insists the rationalisation of the existing complex patchwork of arrestable and non-arrestable offences means policing will be made more practical and efficient.

"These tough new powers make a significant contribution to creating a modern, efficient police service equipping frontline officers with the tools they need to fight modern crime effectively and keep our neighbourhoods safe," Ms Blears added

However, she acknowledged: "We need to maintain a crucial balance between the powers of the police and the rights of the individual."

But Shami Chakrabarti, director of civil rights group Liberty, says it is "disproportionate" to make offences which could not carry a prison sentence arrestable.

The Conservatives have indicated they will be closely monitoring the effect of the new powers.

Liberal Democrat home affairs spokesman Mark Oaten told the Daily Telegraph newspaper: "Officers need firm guidance on how to use these powers.

"Nobody wants to live in a society in which every offence results in people being dragged down to the police station."

The police plans also give officers new rights on collecting and sharing evidence such as taking speculative footwear impressions and photographing suspects without their consent.