Report and Recommendations - Scottish Government

Arrest without warrant5.1.9 A police officer has the power to arrest without warrant where that isnecessary for the purposes of preventing crime, the escape of the suspect orthe destruction of evidence 10 . This power is exercisable where there is areasonable suspicion of a person having committed an offence 11 . A policeofficer may arrest on credible information that a serious crime has recentlybeen committed, or attempted, and the offender is likely to abscond 12 . He/shemay also arrest, in similar circumstances, if he/she witnesses a crime beingcommitted or attempted, or violence being threatened, or if he/she sees asuspect fleeing from the scene of a crime 13 . Although the law on arrest atcommon law, with or without warrant, could be clearer, it seldom poses aproblem in practice.5.1.10 Parliament has created powers to arrest without warrant in a wide variety of,sometimes relatively minor, statutory offences. In almost every instance,reasonable suspicion is stated to be a sufficient ground. Such powers arise, forexample, in drink driving offences 14and breaches of domestic abuseinterdicts 15 . A similar power is provided to allow a police officer to arrest aperson whom he/she finds committing certain public nuisance offences 16 .None of this legislation makes reference to the power of arrest being10 Hume ii, 75 et seq; Renton & Brown (6th ed) at para 7.05; Peggie v Clark (1868) 7 M 89, Lord Deasat p 9311 Peggie v Clark (supra)12 Renton & Brown para 7.05; Peggie v Clark (supra), Lord Deas at p 9313 Hume ii, 75 et seq14 Road Traffic Act 1988 s 615 Matrimonial Homes (Family Protection) (Scotland) Act 1981 s 15(3)16 Civic Government (Scotland) Act 1982 s 59(1)79