Home/Topics/Powers of Arrest
Evidence and Procedure

Powers of Arrest Practice Questions

Free NPPF Step 2 Powers of Arrest questions with full answers, for Sergeant and Inspector candidates.

25+ questions in the full bankType A format

About this topic

Powers of arrest questions test the conditions for arrest without warrant, the necessity criteria and the procedure after arrest. They often turn on a single word: suspects or believes, about to commit or has committed.

Expect s.24 PACE, the information to be given on arrest, arrest for failing to answer bail, and street bail.

Key legislation and cases

  • Police and Criminal Evidence Act 1984, ss.24, 28, 30A and 46A
  • PACE Code G

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

PC Price is on duty at the custody suite. Jones was bailed to return today at 10am but has not appeared. It is now 11am. Which of the following most accurately states the legal position under s.46A PACE 1984?

  1. AA constable may arrest Jones without warrant under s.46A PACE because Jones has failed to attend at the appointed time - but only where Jones has also failed to make contact to explain the absence, as a reasonable explanation defeats the power.
  2. BA constable may arrest Jones without warrant under s.46A PACE because Jones has failed to attend at the appointed time - but the power only arises after a minimum of one hour has elapsed since the appointed time.
  3. CA constable may arrest Jones without warrant under s.46A PACE because Jones has failed to attend at the appointed time - the power is available to any constable and requires no additional authorisation or waiting period.
  4. DA constable may arrest Jones without warrant under s.46A PACE because Jones has failed to attend at the appointed time - but a record of the failure must first be made and authorised by the custody officer before the arrest can be executed.
Show answer and explanation
Answer: C

Section 46A PACE 1984 provides a direct warrantless arrest power where a person released on bail fails to attend at the appointed place and time. The power is available to any constable and requires no additional authorisation and no waiting period. All four options correctly identify s.46A and the warrantless arrest - the distractors add invented conditions: A requires no explanation from Jones; B invents a one-hour minimum; D invents a custody officer authorisation step.

s.46A(1) PACE 1984
s.46A(1) PACE 1984: A constable may arrest without a warrant any person who, having been released on bail under this Part of this Act, fails to attend at the appointed place at the appointed time.
  • A: Section 46A contains no provision for the power to be defeated by a reasonable explanation for non-attendance. The power arises on failure to attend - reasons can be explored afterwards.
  • B: There is no minimum waiting period before s.46A can be exercised. The power arises as soon as the appointed time passes without attendance.
  • D: Section 46A requires no formal record-making or custody officer authorisation before arrest. It is a direct operational power exercisable by any constable.
Worked question 2 of 2Standard

PC Harvey arrests Webb for criminal damage at a building site late at night. PC Harvey decides it isn't necessary to take Webb directly to the police station and instead wants to release Webb with a requirement to attend a specified police station at a later date.

  1. APC Harvey has no power to release Webb on bail before reaching a police station - any decision to release on bail can only be made by the custody officer once Webb has arrived there.
  2. BPC Harvey may release Webb on bail under s.30A PACE 1984, but only with the prior authorisation of an officer of inspector rank given before the release takes place.
  3. CPC Harvey may release Webb on bail under s.30A PACE 1984 before reaching a police station, requiring him to attend a specified police station at a later date and time, without first taking him into custody.
  4. DPC Harvey may release Webb on bail under s.30A PACE 1984, but the power is limited to summary-only offences and cannot be used for an offence such as criminal damage where damage exceeds a certain value.
Show answer and explanation
Answer: C

s.30A PACE allows a constable to release an arrested person on bail before they arrive at a police station, known as street bail, requiring them to attend a specified station at a specified time, avoiding the need to take them into custody immediately.

s.30A PACE 1984
s.30A(1) PACE 1984: A person arrested for an offence by a constable may be released by that constable on bail at any time before he arrives at a police station.
  • A: This is the opposite of the actual position.
  • B: There is no general requirement for prior inspector authorisation.
  • D: s.30A is not restricted to summary-only offences or limited by the value of damage involved.

Practise every Powers of Arrest question

The full bank has 25+ questions on Powers of Arrest and over 1,100 across the whole syllabus, each with the statute and an explanation for every option. £29 for 6 months.

Get full accessTry 5 free questions
More Evidence and Procedure topics
PACE Code C65+ questions in the bankPACE Code D15+ questions in the bankStop and Search25+ questions in the bankEntry Search and Seizure25+ questions in the bankBail25+ questions in the bankWarrants20+ questions in the bankConfession Evidence20+ questions in the bankHearsay15+ questions in the bankBad Character15+ questions in the bankDisclosure15+ questions in the bankCourt Procedure20+ questions in the bankIdentification Evidence20+ questions in the bankInterviews15+ questions in the bank