Commentary on Sections Criminal proceedings Section 71 Restrictions on powers of arrest by persons other than constables
404.This section maintains the current position that the power of arrest inside a polling station without warrant of a person suspected of committing personation rests with a police constable only. Without this provision, the amendments made by the Serious Organised Crime and Police Act 2005 to sections 24 and 24A of the Police and Criminal Evidence Act 1984 would allow any person who has reasonable grounds for suspecting another person of being guilty of the offence inside a polling station to make an arrest. For personation outside a polling station or fraudulent applications for absent votes, the provisions of section 24 and 24A of the 1984 Act will, however, automatically apply because of the seriousness of the offence and level of the penalty.