Hi all. Heard on the radio someone talking about this and wondered what the situ is regarding the circumstances around it. I have heard you cannot do one unless the crime that you are arresting someone for will get them more than 5 years in jail,
that may not be true, i don't really know to be honest so hopefully someone could shed a bit of light light on this for me.
Who can do them, where, restrictions, what you say etc.......

Also wondering if you, or anyone you know has done one at all?
Cheers,
Brl... :)

An ex-colleague of mine made a citizen's arrest, but he was a special policeman... so I'm not sure how that affects it. In return for the arrest he got a black eye, and the chap legged it. ... leaving my colleague with his wallet! Oops... :rolleyes:

There are many restrictions about what a "citizen" may do regarding arresting folks, and it would need an expert to tell us what is and is not allowed. BUT... I do know that if you try it, you are more likely to be arrested yourself for something like kidnapping.

Churchwardens can do it - and are legally empowered - but only inside the confines of a Church. Never heard of that actually being used, though (not even when the "students" who wanted to "study" the inside of the Church made off with the tape recorder).

Blydi good for nothing students - 'orrid, the lot of 'em. :*

I've always wondered too.

Maybe you have to clench you teeth and say...

"Right Tinkerbell...You're NICKED."

Just to redress the balance Aerbabe, I have actually performed a citizens arrest, whilst a student myself. Walking through Manchester St. Annes Square I think, obviously avoiding the library or anything approaching work, I heard a woman scream stop thief, saw a man running towards me with a womans purse, tap-tackled him and, after he fell over put my hand on his back to keep him from going anywhere. I told him he was under arrest, and 5 mins later 4 or 5 of Manchesters finest were on hand to take him away. I had to go to the station, make a statement, and that was the last that I heard of it. I guess they didint really need me in court. In retrospect, I was terrified, but after I'd tackled him it was a bit late to back out. Any way not all students are good for nothing.;)

I did one about 2 years ago, as I was walking past a factory a lad was coming out a window with a lap top, whilst he went in for more I phoned the police & waited, as he came out for the second time I questioned him and he legged it so I grabbed him and knelt on him until to police came.

I was thinking I may be in trouble if spotted for holding someone against there will and being to rough??

When the police did turn up (quite quick) they were a damm site rougher & thanked me and said good job but DID warm me to be careful when doing this as there are lots of legalities attached too it, did not elaborate though?

Out of site out of mind was the term used... implying if no one sees you & the thief complains he will not get far?
Would not like too go to court for it though!

On a larger downside he said he would get me if he saw me out? Begs the question is it worth it? Should I of phoned the police and left it at that?

You own property is one thing but someone else’s? then if everyone turned a blind eye!

Hey.. Look on the bright side though if we were state side there would be guns involved then I definitely would not of said anything.

So many reasons for and probably more against, a very grey area in my opinion & it would probably depend on the attitude of the officer involved as too what happened on the day (and witnesses)?

I’m sure there is a specific law on how far you can go but I do know it is every citizens right to make an arrest providing they have due cause. But would you risk it?

:(

Think I'm on my sixth now.
Rugby tackled a lad trying to run away from the police, shoulder barged another guy on the ground (another incident) er.. took TWO knives off a guy I found sleeping at the back of the house ('sorry sir, both our cars are busy at the moment')
Restrained a guy in a restaurant who tried to do a runawayand threatened staff, then his mates turned up yippee.

Legally I think this is very dodgy area, and the nearest and dearest hates it.

I think the law allows a citizens arrest to be made for any arrestable offence, including behaviour amounting to a breach of the peace (where violence has been threatened or used, or where property is damaged) or where a breach of the peace is likely to be commited. Best to ask the rozzers though.

Made loads of 'arrests' during my time in retail, mostly drug addicts. Not all of them were prepared to come quietly either. Had loads of threats made against me personally, none ever came to fruition even though I would see the various offenders on a regular basis. Never had a complaint made against me, or an 'arrest' overturned. Even nicked some local burglars on my days off too from time to time.

I think a citizens arrest is another one of those situation where one is only allowed to use reasonable force, but nobody will define exactly what reasonable force is.
Something that happened on a ship I was on the previous trip,In Sidney if I remember correctly, couple of the chaps are walking back to the ship after a quiet night out, suddenly a bloke comes tear arsing past them running at a high rate of knots, shouts from along the street, stop him! stop him!, so being good citizens they take off after him, they eventually catch up and have him on the ground, Oz Old Bill turn up, to find our chaps sitting on one of their citizens,who is a tad peeved, , no sign of course of the chap who was chasing this finger originaly, they spend a night in the bridewell as a result .
:(

If I remember rightly, a citizen can effect an arrest only a) when an arrestable offence HAS been committed and b) when he knows the person he's arrested has done it.

If you see your neighbour kick your window in, then you can arrest them - you have seen the offence sommitted, so you know it's happened, and you know whodunnit.

Where this differs from a police officer's powers is that a police officer can SUSPECT an offence of being committed, and SUSPECT someone of committing that offence, so if a police officer hears glass breaking round the corner, walks round to see you looking at a pile of glass, then he can arrest you becqause the two conditions are met.

That's the theory. And as for reasonable force, the imaginary "man on the Clapham Omnibus" needs to think you're being reasonable - if you're worried, use self defence and restraint techniques rather than a cricket bat or shotgun . . .

And I stand ready to be corrected by those whose law is more up to date than mine.

Nowadays it prolly has some fancy half arsed japanese name like mawshi geri,and is taught in some fancy dojo, accompanied by a load of eastern philosophical twaddle at great expense, but I remember when mothers taught their daughters exactly where exactly to kick, in my day though, it was just know as a kick in the bollix.
A lady would prolly be sued now by a scumbag receiving such treatment, they would sue them for imparing their ability to breed the next generation of sub humans.

A private citizen has certain Common Law powers of arrest but they must be exercised with care as wrongful arrest can result in a claim for damages. The crime must be a serious one and not merely a breach of the peace, and the arresting citizen must be certain that an offence has been committed by, for example, witnessing it or being the victim.

Reasonable force may be used if the arrested person resists and he must be handed over to the Police as soon as possible.

Note:

In Wightman v. Lees, 1999, the appellant appealed against a citizen's arrest on the ground that the citizen had not witnessed a crime. A building contractor, while checking the premises which he was renovating, had encountered the appellant within the premises. The only persons who should have been within the building were his employees. Tools had recently been stolen from the building. The appellant was carrying a holdall and when asked why he was within the premises, had given an answer that was obviously false. Once outwith the building, the appellant had started to run. The contractor apprehended the appellant and detained him. Within the holdall tools which had been stolen were found. On appeal, it was held that the situation justified a citizen's arrest since the circumstances witnessed by the contractor were strongly indicative of a crime, but the Court reiterated the seriousness of such an arresting power. Each case is a question of degree, and the citizen should have a "moral certainty" that the crime has been committed, and that it was committed by a particular person, before using the power to arrest.

I hope this helps

Mishandled Any way not all students are good for nothing No, I would hope I'm not, for a start. ;)

Citizens arrests are covered by the Police and Criminal Evidence act now...it gives the ability to arrest to 'any person'. Mostly the ofences are serious arrestable offences, such as theft, criminal damage etc. The legilasion says...

Section 24 Police and Criminal evidence ACt

Any person may arrest without warrant

Any person who is in the act of committing an arrestable offence
or
anyone whom he has reasonable grounds for suspecting to be committing an arrestable offence.

Where an arrestable offence has been committed, anyone who is guilty of the offence
or
anyone whom he has reasonable grounds for suspecting to be guilty of it.


An arrestable offence is one where the sentence is fixed by law, eg Murder
or
One where the sentence of imprisonment is 5 years or over, for a person over 21 years of age (eg Theft, criminal damage)
or where the offence is defined by statute as arrestable, (eg Taking a convayance (nicking a car!))


It also covers attempts to commit these offences aiding and abetting and incitment.

As regards breach of the peace, as I recall everyone has a duty to prevent a breach of the peace, that means you can detain a person to prevent it happening or to stop it in the act. A brach of the peace doesn't have a definition as such, but the peace is the 'normal state of things' If it deviates from that its a breach of the peace.

When detaining someone, you are correct on reasonable force. Which is mostly obvious...If a store detective detains a 90 year old lady for shoplifing there is no real need to use force to do so. If however its a 19 year old 7' yob and he wants to fight about it then it would be reasonable to use much more force.

In short you would have to justify it by reference to the circumstances.

Err, under what circumstances are we allowed to hang the feckers??
:E

There is no doubt occasions where I have had to arrest myself from choking some B**stards I have met. However arresting anyone else but yourself is a quick way to the emergency room, I advise against heroics unless you enjoy a blade in the ribs or a screwdriver inserted in some 'orrible location of your anatomy.:ooh:

Anybody who thinks that blokes are the tricky ones has obviously never tried to arrest and detain a female. Vicious little :mad: almost without exception. In 7 years I never had a bloke kick off once - they generally resort to threats and name calling, but the women!!!!! :eek:

I would agree, had very few blokes have a go at me or any other officer I worked with...However women!!!!
One, a mate of mine was arresting kicked him so hard in the breadbasket he was in hospital for 2 days ...every man within 200 yards had a small tear trickle from his eye when it happened.

This may help...

s3(1) Criminal Law Act 1967, states:

"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"

I am inclined to agree with the comments about arresting women - I had the pleasure of dealing with a particularly horrible old hag only last night who attempted to run me off the road during an emergency call. This may have been due to the fact that she was four times over the drink/drive limit. But, you'll be glad to know that, "I'm not a criminal" and "You're ruining my life" and "you're all ba$tards." I could go on, but you get the idea :rolleyes:

More power to all of you who make a citizen's arrest, but (and I hope this doesn't sound patronising, as it's meant genuinely) please be careful as there are a hell of a lot of scum out there who will gladly stick a knife in you to escape a shoplifting/minor assault/burglary charge...

:ok:

I think a citizens arrest is another one of those situation where one is only allowed to use reasonable force, but nobody will define exactly what reasonable force is.

The Criminal Law Act 1967 quote answers the point. There doesn't have to be an arrest for reasonable force to be used under the Act. The force has to be reasonable according to the circumstances as you believed them to be. If you are assisting a constable in effecting an arrest it does not matter if there has been no crime committed. However, if you use the power yourself on the basis that an offence has been committed then if it turns out there was no offence you could be sued for assault in the civil courts.