Can the Prime
Minister Be Arrested?
Criminal Law, Immunity & Constitutional Limits in the United Kingdom (2026 Guide)
The Short Answer
Yes. The PM is Not Above the Law.
In the United Kingdom, the Prime Minister can be arrested and prosecuted if there is sufficient evidence of a criminal offence. Unlike the Sovereign, the Prime Minister does not possess personal criminal immunity. However, operational and constitutional sensitivities would apply, and any investigation would be subject to strict evidential and public interest standards.
Chapter 01
The Constitutional
Position
To understand the legal liability of the Prime Minister, one must first understand their constitutional status. In the UK, the PM is the head of the executive but remains a subject of the Crown.
Unlike the Head of State (The King), who "can do no wrong" in the eyes of the law, the Head of Government holds their power through Parliament and is subject to the rule of law.
- • Head of Government, not Head of State
- • Leader of the Cabinet and Executive
- • Subject to Parliamentary Supremacy
"The Prime Minister operates within a framework of accountability. This accountability is not just political—via Parliament—but also legal, via the courts of the land."
Chapter 02
Zero Criminal Immunity
Rule of Law
The bedrock of the UK constitution is that no man is above the law. Every official, from a local constable to the Prime Minister, is answerable for their criminal acts in the same courts as any other citizen.
No Safe Haven
There is no statutory immunity, no common law exemption, and no constitutional 'shield' that prevents the police from investigating or the CPS from charging a PM.
3. Can Police
Arrest the PM?
The Police and Criminal Evidence Act 1984 (PACE) provides the power of arrest. Specifically, Section 24 allows a constable to arrest anyone they reasonably suspect of committing an offence.
In practice, such an arrest would require the highest levels of operational authorization and would likely involve the CPS Special Crime Division from the outset.
PACE 1984 applies to all residents of the United Kingdom, regardless of wealth, status, or office.
4. Parliamentary Privilege
A common misconception is that "Parliamentary Privilege" protects MPs from arrest. While it protects what they say in the House of Commons, it does not protect them from the criminal law.
What it Protects
Freedom of speech in debates. Protection from libel for statements made in the House. The right of Parliament to regulate its own affairs.
What it Doesn't Protect
• Assault / Violence
• Fraud / Corruption
• Traffic Offences
• Misconduct in Public Office
5. The Charging Test
1. Evidential Stage
Is there a realistic prospect of conviction? This requires objective, admissible evidence. The status of the suspect as Prime Minister does not lower this threshold.
2. Public Interest
Is a prosecution required in the public interest? In cases involving high-ranking officials, the public interest in maintaining the integrity of the law almost always favors prosecution.
Frequently Asked Questions
Can the Prime Minister be arrested?
Yes. Every person in the UK except the King is subject to arrest under PACE if reasonable grounds exist.
Does the PM have immunity?
No. The UK PM has no personal criminal immunity. They are a subject of the Crown.
Can a PM go to prison?
Yes. Conviction of a serious offence carries the same sentencing guidelines as any other citizen.
Who investigates the PM?
Usually the Metropolitan Police Special Crime Division or a requested outside force to ensure independence.
Can the PM be tried in court?
Yes. They would appear in a standard Crown Court before a judge and jury.
Does a PM have and specialized lawyers?
They would likely hire top-tier private representation, as the Government Legal Department does not defend criminal acts.
Is the PM above the law?
No. The Rule of Law states that all are equal before the bar of justice.
Can Parliament stop an arrest?
No. The police are operationally independent of Parliament and the Government.
What is Misconduct in Public Office?
A common law offence covering serious abuse of authority which a PM could feasibly be charged with.
Can a PM be sued?
Yes. Under the Crown Proceedings Act 1947, civil action can also be taken against the state/officials.
Institutional
Context
This guide is part of our commitment to explaining the UK's legal and constitutional architecture with absolute neutrality.