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Can The Police Arrest You Without Evidence or a Warrant in the UK?

Being arrested is a stressful and intimidating experience, and it becomes even more unnerving if you believe the police have acted without solid proof or have failed to follow the proper procedures. A common question we often hear at DPP Law is can the police arrest you without evidence, or detain you without a warrant.

The short answer is yes; but only under specific circumstances as this power is not unlimited.

While the police have broad powers under the Police and Criminal Evidence Act 1984 (PACE) to arrest individuals without a warrant, they must strictly adhere to legal codes regarding ‘’reasonable suspicion’’ and ‘’necessity’’. If they fail to meet these standards, the arrest may be unlawful, and you may be entitled to compensation.

In this blog we will explain police arrest powers, the difference between suspicion and evidence, and what your rights are if you find yourself in custody.

Can The Police Arrest You Without a Warrant?

Many people assume that a police officer needs a warrant to make an arrest, however this is not necessarily true. While warrants are used in specific investigations, they are not always required. Under Section 24 of PACE, a police officer can make a police arrest without warrant if:

  • They know or suspect you are committing an offence
  • They know or suspect you are about to commit an offence
  • They have reasonable grounds to suspect you have already committed an offence
  • Prevent you from disappearing or obstructing the prosecution

If the police cannot justify why the arrest was necessary, the arrest may be unlawful.

What Does Reasonable Suspicion Mean?

In the UK, for an arrest to be lawful it must rely on the principle of ‘’reasonable suspicion’’.

Reasonable suspicion is a legal standard that allows police officers to arrest you as long as they have reasonable grounds to suspect that you have committed an offence. This legal threshold is much lower than the proof required for a court conviction, but it must be more substantial than a mere ‘’hunch’’. Reasonable suspicion must be based on facts or information such as:

  • A witness description matching your appearance
  • CCTV footage that links you to an offence
  • Your behaviour or presence near a crime scene

More importantly, an officer cannot arrest you based on personal prejudice, generalisations, or stereotypes. If the grounds for suspicion are flimsy or non-existent, the arrest is open to challenge.

So, the key takeaway is that the police do not need to prove you are guilty to arrest you, they only need reasonable grounds to suspect you might be involved in a crime.

Can the police arrest you without evidence?

This is perhaps the most common source of confusion. There is a distinct difference between ‘’evidence to arrest’’ and ‘’evidence to charge’’.

Can the police arrest without evidence that proves guilt? Yes. In fact, one of the primary reasons for an arrest is often to gather that evidence. When you are arrested, it allows police to:

  • Interview you under caution to get your account
  • Take DNA, fingerprints, and photographs
  • Search your property for physical evidence

Therefore, the police do not need concrete evidence at the exact moment they put handcuffs on you. However, to keep you in custody or eventually charge you, they must gather sufficient evidence during the investigation. If, after the arrest and interview, there is no evidence to support the accusation, you must be released.

What happens after you are arrested?

Once arrested, you will be taken to a police station and the custody sergeant may authorise your detention if they believe it to be necessary to obtain evidence.

While in custody:

  1. Your rights must be read to you
  2. You are entitled to legal advice (free of charge)
  3. You may be interviewed

If the police cannot find sufficient evidence to charge you within the relevant time limits (which is usually 24 hours, though this can be extended for serious crimes such as terrorism charges), they must release you. This may be ‘’release under investigation’’ (RUI) or release on bail while inquiries continue, or release with no further action (NFA) if the case is dropped.

For more details on conduct during custody, you can read our blog on what police officers are not allowed to do.

What Makes An Arrest Unlawful?

An unlawful arrest UK residents face usually occurs when the police fail to follow the strict rules laid out in PACE.

An arrest may be unlawful if:

  • NoReasonableSuspicion: The officer had no grounds to suspect you.
  • NoNecessity: The officer could have investigated the matter without arresting you (e.g., via a voluntary interview)
  • IncorrectProcedure: You were not told you were under arrest or were not told the grounds for the arrest.
  • ExcessiveForce: The force used to detain you was disproportionate.

If you are unsure if your treatment met the legal standard, you can read more about unlawful arrests here to understand the specific criteria that needs to be met for a lawful arrest.

What are your Rights if you Believe You Were Arrested Without Evidence?

If you believe you have been the victim of a wrongful arrest, your actions immediately following the event are critical.

  1. DoNotResist: Even if the arrest is unfair, physically resisting can lead to further charges, such as ‘’assault on an emergency worker’’ or ‘’obstruction’’.
  2. ExerciseYourRighttoSilence: You do not have to answer questions without a solicitor present.
  3. RequestaSolicitor: A solicitor can intervene if the police are asking inappropriate questions or if the arrest grounds are weak.
  4. RecordAlltheDetails: As soon as you are released, write down everything you can remember such the officer’s badge number, what was said, the time of arrest, and any witnesses present.

Can you Make a Claim Against the Police After an Unlawful Arrest?

If you were arrested without a warrant and it is proven that the police had no reasonable suspicion or necessity to detain you, you may be able to make a civil claim for compensation.

A successful claim against the police can provide compensation for:

  • False Imprisonment: For the time you were deprived of your freedom.
  • Assault: If physical force was used during an unlawful arrest.
  • MaliciousProsecution: If the police pursued charges despite knowing there was no evidence.
  • Distressandreputationaldamage: Being arrested can be traumatising and can harm your reputation in the community or your career.

To start this process, you usually begin by filing a formal complaint against police. Following this, or alongside it, you can seek specialist legal advice to pursue a civil claim.

Contact DPP Law for a Free Initial Consultation

Police powers are vast, but they are not absolute. If you have been arrested without a warrant and believe the police have acted without reasonable suspicion or evidence, you may be entitled to compensation.

Our dedicated Actions Against the Police team has decades of experience holding authorities accountable. We can help you understand your rights when arrested and guide you through the process of making a claim and/or a complaint against the police force involved.

Contact us today for confidential, expert legal advice. You can fill out our online contact form below or you can call us on our 24/7 hotline at 0333 200 5859.