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Citizen's Arrest? anybody made one?

Posted: Sat Mar 22, 2008 7:06 pm
by falkor ... endixB.doc 53k 53k

both above downloads offer the same file that lists ALL indictable offences, now why should you CARE?

Can I make a citizen's arrest?

Arrests can be made by people other than the police but should be approached with caution as legally it is a tricky area and potentially dangerous. The police do not actively encourage people to make citizen's arrests and the circumstances of the arrest can be examined in detail if the case goes to court. There is more legal information concerning citizen's arrests on a website called K-Zone set up by a final-year law student.

The right to make a citizen's arrest comes under section 3(1) of the Criminal Law Act 1967 which says:

"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."

The crime must be an 'indictable offence', i.e. a serious offence which could be tried in a crown court. Another way to think of indictable offences is as crimes that can result in long prison sentences.

Examples of indictable offences are theft, burglary and criminal damage. So, drink-driving would not qualify as it is an offence which would be tried in a magistrates court and only result in a maximum sentence of six months.

You can make an arrest if:
  • You see someone committing an 'indictable offence'
  • You are certain that someone has already committed an 'indictable offence'

For the arrest to be completed you need to inform the person that they are under arrest and restrain them - you don't have to physically restrain them but they must be under your control. If you tell someone that they are under arrest and they run away then the arrest has not been completed.

However, if you arrest a person who is later judged by the police or the courts not to have committed a 'serious offence' then your arrest may be unlawful.

If you have made an arrest using 'reasonable force' but the arrest is later judged to be unlawful then criminal charges can be brought against you. If you seriously injure the person being arrested then they can bring criminal charges against you regardless of the outcome of the arrest.

As soon as you have made an arrest you must alert the police. Then you must either hand the arrested person over to a policeman in the street or take them to a police station as soon as possible.

However, the most important thing to consider when deciding whether to make a citizen's arrest is your own safety. If you are in any doubt then you should not put yourself at risk.

Re: Citizen's Arrest? anybody made one?

Posted: Sat Apr 12, 2008 6:38 pm
by nighthawk
Yes, quite a few.. One that comes to mind was when I was on routine patrol on Market Street, Manchester city centre.
As part of our ever changing role, I was part of an anti street crime initiative.. Anyway, as I was saying...
Two young scallies seemed to be paying far too much attention to a young lady at a cash machine. After a couple of minutes they made their move and stole her handbag. I requested back up, chased the scallies and got a grip of the one with the bag.
No problem as far as the arresting police officer was concerned.
I submitted the usual MG11 (Statement), went to court and the little toe rag was given a community service order.. Hmmm, some justice system..

Hey, I don't make the rules!


Re: Citizen's Arrest? anybody made one?

Posted: Tue Apr 15, 2008 8:17 am
by Harold S

Re: Citizen's Arrest? anybody made one?

Posted: Wed Apr 30, 2008 5:23 pm
by nighthawk
When I requested back up I got 2 fellow TW's, a dog van, 1 x Traffic Unit, and a passing Tactical Aid Unit..
So for 1 piece of low life, he got 3 TW's, a dog handler with his trusty hound, a traffic cop, 6 x Tac guys with 1 x Sgt.. He didn't know what hit him!

Re: Citizen's Arrest? anybody made one?

Posted: Wed May 07, 2008 10:17 am
by Chan76
Don't mess with a TW......... :lol:

Re: Citizen's Arrest? anybody made one?

Posted: Sun May 06, 2012 5:36 am
by falkor
so the question is ..... DO Parking Attendants ever need a power of a arrest?
Criminal Law Act 1967, s.3
Use of force in making arrest, etc.

3. - (1) A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.

(2) Subsection (1) above shall replace the rules of the common law on the question when force used for a purpose mentioned in the subsection is justified by that purpose.
The statutory power of any member of the public in England and Wales to detain someone they consider to be involved in criminal activity is to be found in section 24A of the Police and Criminal Evidence Act 1984. A person "other than a constable" may arrest without a warrant anyone:
  • Who is in the act of committing an indictable offence; or whom the person has reasonable grounds to suspect is committing an indictable offence.
An indictable offence is one that can be tried in a crown court, in front of a jury. This alone isn't much use to the average civilian, and astonishingly the government doesn't seem to publish a complete list of offences which qualify, but examples include theft, criminal damage and assault occasioning actual bodily harm.

Such an arrest can only be made if it does not appear reasonably practicable for a police constable to make the arrest instead, and if the person making the arrest has reasonable grounds to believe that such an arrest is necessary to prevent the person being arrested from: (a) causing physical injury to himself or any other person; (b) suffering physical injury; (c) causing loss of or damage to property; or (d) making off before a constable can assume responsibility for him.

Anyone attempting such an arrest should also inform the subject of what is being done as soon as is reasonably possible, explaining the reason for arresting them, and what offence it is believed that they have committed. Anyone carrying out an arrest can only use reasonable force when arresting the person in question.