criminal-law united-kingdom england-and-wales police criminal-procedure
Powers of Entry when it is summary-only offence
<p>I was watching <a href="https://www.youtube.com/watch?v=y5c9_9SjC64" rel="nofollow noreferrer">this YouTube video</a> by Crimebodge. At <strong>10:10</strong> he explains that the police only have powers of entry to arrest somebody for indictable offences (like rape), and not for summary offences (like harassment). I understand there are other scenarios when they can enter, for example if they are pursuing someone that just ran into a house.</p>
<p><strong>Question #1:</strong> If someone makes a complaint to the police about an indictable offence, such as rape, and another person makes a complaint to the police about a summary offence, such as harassment, would the police then need a warrant to enter the house and arrest the person?</p>
<p><strong>Question #2:</strong> What would happen if it was an either way offence (one that could be tried in a Magistrates' Court or the Crown Court) - would it perhaps depends upon the seriousness as to whether police could use their powers of entry?</p>
<p><strong>Question #3:</strong> If it is an indictable offence, is it enough for an alleged victim to go to a police station and put in a complaint so the police can enter your house without a warrant to arrest you, or must the police officer have seen it happen otherwise it requires a warrant?</p>
<p>These questions are just for England and Wales.</p>

<ol>
<li><p>If the conditions at <a href="https://www.legislation.gov.uk/ukpga/1984/60/section/17?timeline=false" rel="nofollow noreferrer">s.17</a> and <a href="https://www.legislation.gov.uk/ukpga/1984/60/section/24?timeline=false" rel="nofollow noreferrer">s.24</a> PACE 1984, and <a href="https://www.gov.uk/government/publications/pace-code-g-2012" rel="nofollow noreferrer">PACE Code G</a> are satisfied for the offence of <a href="https://www.legislation.gov.uk/ukpga/2003/42/section/1?timeline=false" rel="nofollow noreferrer">rape</a> then there is no requirement for a <a href="https://www.legislation.gov.uk/ukpga/1984/60/section/8?timeline=false" rel="nofollow noreferrer">warrant</a>. Once the suspect is in police custody he may be further arrested for suspected <a href="https://www.legislation.gov.uk/ukpga/1997/40/section/1?timeline=false" rel="nofollow noreferrer">harrassment</a> if any of the necessity criteria are met - this will depend on the particular circumstances of the case.</p>
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<li><p>An <a href="https://www.oxfordreference.com/view/10.1093/oi/authority.20110803100246378" rel="nofollow noreferrer">either way offence</a> is, for these purposes, regarded as an indictable offence.</p>
</li>
<li><p>A constable does not need to physically see an offence being committed, but he must have (a) reasonable grounds to <em>suspect</em> an offence has been committed (b) reasonable grounds to <em>believe</em> an arrest is necessary (c) the requesit belief to satisfy s.17 PACE 1984. All this will come from conducting a proportionate investigation in to the allegations.</p>
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</ol>
