England and Wales
Criminal investigation in England and Wales
The police investigate and the prosecutor advises; the constable’s power of arrest without warrant is set out in statute and rests on reasonable grounds.
Facts verified:
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Section 24 of the Police and Criminal Evidence Act 1984 sets out when a constable may arrest without a warrant. A constable may arrest anyone who is about to commit an offence, anyone in the act of committing one, and anyone the constable has reasonable grounds for suspecting to be about to commit or to be committing one. Where a constable has reasonable grounds for suspecting that an offence has been committed, the constable may arrest anyone reasonably suspected of being guilty of it.
The division of labour between investigator and prosecutor is stated by the prosecutor. The Crown Prosecution Service prosecutes cases "investigated by police and other bodies", and among its responsibilities it lists determining charges for complex cases and advising police during investigations. The investigation is the police's; the charging decision in those cases is not.
Sources
Sources
The National Archives (United Kingdom) · Legislation · link verified 2026-09-18
SCOPE: a constable's power of arrest without warrant. The official consolidated text, read directly. Supports that a constable may arrest without a warrant anyone who is about to commit an offence, is in the act of committing one, or whom the constable has reasonable grounds for suspecting to be about to commit or to be committing one; and that where a constable has reasonable grounds for suspecting an offence has been committed, the constable may arrest anyone reasonably suspected of being guilty of it. The section is shown as extending to England and Wales (E+W). Nothing here describes the further conditions the section imposes on the exercise of that power, which were not set out on this page.
About CPS — Crown Prosecution Service
Crown Prosecution Service (England and Wales) · Government publication · link verified 2026-09-18
SCOPE: the Crown Prosecution Service's own account of itself. The service's about page, read directly. Supports that the CPS describes itself as “an independent organisation that prosecutes criminal cases investigated by police and other bodies in England and Wales” and as “independent of police and the government”; that its responsibilities include deciding which cases to prosecute, determining charges for complex cases, advising police during investigations, presenting cases in court and supporting victims and witnesses; and that it is “a non-ministerial department (a government department led by civil servants, not a minister)” accountable to Parliament and the public. It is a self-description and is published here alongside the statutory provision that qualifies it.