police england-and-wales arrest
Under English law is it permissable to be arrested for one thing but charged with another?
<p>I saw a high-profile case where this happened today and wondered about it.</p>
<p>I understand there probably will (and probably should) be some leeway in this, but if one was arrested for breach of the peace, which <a href="https://en.wikipedia.org/wiki/Powers_of_the_police_in_England_and_Wales#Breach_of_the_peace" rel="nofollow noreferrer">under English common law does not require an arrest warrant</a>, could that then be dropped and replaced with another charge that would've required an arrest warrant?</p>
<p>Or, if there is some leeway to do this, can it be challenged? It seems to be, shall we say, <em>convenient</em> that the police are using a power that is given for situations of immediate need in a way that could be said to circumvent the system somewhat.</p>
<p>I've had another look through the <a href="http://www.legislation.gov.uk/ukpga/1984/60/contents" rel="nofollow noreferrer">Police and Criminal Evidence Act 1984 (PACE)</a> and through the <a href="https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice" rel="nofollow noreferrer">codes of practice for PACE</a> but haven't found anything referring to this.</p>

<p>If you read the first link, <em>every</em> offense can lead to arrest without a warrant.</p>

<p>Notwithstanding, you don’t have to be arrested to be charged and vice -versa.</p>
