An arrest without warrant or a warrantless arrest is an arrest of an individual without the use of an arrest warrant.
Section 24 of the Police and Criminal Evidence Act 1984,[1] as of 1 January 2006, provides that a constable may arrest, without a warrant, anyone who is about to commit or is currently committing an offence (or anyone the constable has reasonable grounds to believe to be about to commit or currently committing an offence). The constable is also entitled to arrest anyone guilty of an offence or anyone who he reasonably believes to be guilty of an offence. However, the constable must have reasonable grounds that any of the following reasons make it necessary to arrest the person in question: to enable the real name or address of the person in question to be ascertained, to allow the prompt and effective investigation of the offence or conduct of the person in question, or to prevent the person in question:
Section 24A has similar provisions for citizens' arrests but the reasons permitted for arrest by anyone other than a constable are limited to preventing the person in question from causing injury to the arrestor, themselves or to others; preventing property damage; or preventing the person in question from making off before a constable can assume responsibility for him.
The definition of an arrest, however, is contained in the judgement of Lord Diplock in Holgate-Mohammed v Duke, where he stated that an arrest is "a continuing act; it starts with the arrester taking a person into his custody, (sc. by action or words restraining him from moving anywhere beyond the arrester's control), and it continues until the person so restrained is either released from custody or, having been brought before a magistrate, is remanded in custody by the magistrate's judicial act."[2]
Section 35 of the Bharatiya Nagarik Suraksha Sanhita of 2023 empowers police to arrest an individual without warrant or orders from a magistrate under certain circumstances including:[3]
第35条は、令状なしに病弱者または65歳以上の者を逮捕することを明確に禁じている。
フィリピンでは、2000年改正刑事訴訟規則第113条第5項[ 4 ]に規定されているように、治安官または一般人は、令状なしに人を逮捕することができる。
また、改正規則には、令状なしで合法的に逮捕できるその他の事例も規定されている。
米国では、令状なしの逮捕には依然として相当な理由が必要であり、令状なしの逮捕の場合は、相当な理由を速やかに提出しなければならない。[ 5 ]
令状なしの逮捕は、一般的に以下の場合に認められます。