Entry into premises to arrest a person for an offence under S4 RTA 1988 or S163 RTA 1988 is authorized under which provision?

• A. S7 RTA 1988
• B. S17(1)(c)(iii)(a) PACE 1984
• C. S4 RTA 1988
• D. S163 RTA 1988

Answer: (B)

The key idea is that the right to enter someone’s premises to arrest them without a warrant comes from the Police and Criminal Evidence Act 1984, not from the Road Traffic Act itself. Specifically, section 17(1)(c)(iii)(a) of PACE 1984 authorizes a constable to enter premises if he has reasonable grounds for believing the person is on those premises and that the person is liable to arrest without a warrant for an offence. This power applies to offences under the Road Traffic Act 1988 such as sections 4 and 163, because the police need a valid statutory entry power to seize and arrest on the premises. The other options either point to the offence itself or to a different, unrelated provision, which is why they aren’t the correct authority for entering premises to effect the arrest.