Serious Arrestable Offences (SAO)

Serious arrestable offences mean that (under certain circumstances only) you can be held for over 24 hours in police custody. Continued detention is only allowed if authorised by a Superintendent – detention for a period of up to 36 hours if the offence is an arrestable offence and the remaining conditions of s42(1) pace are met. Previously the power applied to “serious arrestable offences.” (section 7 amends s42(1) of PACE). The Superintendent must have reasonable grounds for believing that continued detention is necessary to secure or preserve evidence and your rights to legal advice and to have a friend or relative notified can be delayed.

Delays are only allowed if authorised by a Superintendent, who must have reasonable grounds for believing that the exercise of your rights would lead to interference with or harm to evidence, physical injury, tipping off others, or hinder recovery of property.

Also, magistrates can issue a search warrant (for a building), if they are satisfied that there are reasonable grounds for believing that a serious arrestable offence (SAO) has been committed and that there is relevant material on the premises (PACE, ss.8, 56, 58, 42, 43).

Serious arrestable offences include the most serious offences:

  • Treason
  • Murder
  • Manslaughter
  • Sexual Offences
  • Acts of Terrorism
  • Serious Organised Crime
  • Serious Fraud
  • Kidnapping
  • Causing an explosion likely to endanger life or property
  • Offences under the Firearms Act
  • Causing death by dangerous driving
  • Torture
  • Cat-A Drug offences
  • Hostage taking and hijacking
  • People Smuggling
  • Court Martial
  • Serious interference with the administration of justice or investigation of an offence

Also, any arrestable offence can be considered a SAO if it is intended or likely to lead to serious harm to the security of the state or to public order, serious interference with the administration of justice or investigation of an offence, death, serious injury, substantial financial gain or serious financial loss (i.e. serious for the loser).

Note that a non-arrestable offence (including most POA and CJPOA public order offences) can never be considered a SAO.