|
|
|||||
Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
|
|
|||||
Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
Police Identification Procedures
Suspect Identification Procedures
Police Entry and Search Powers
The law regarding citizen’s arrest is extremely complicated, changeable and open to interpretation. The law regarding citizens arrest is under Section 24A of the Serious Organised Crime and Police Act 2005.
The law states that:
Anybody can arrest a person who is committing an indictable offence;
Anybody can arrest a person if they have reasonable suspicion that they are committing an indictable offence;
Anybody can arrest a person if they reasonably suspect a person of having committed an indictable offence.
However, there are several provisions to the above. A person can only make a citizens arrest when:
It is not reasonably practical for a police constable to make the arrest; and
It is necessary because the person in question is either:
1. Causing physical injury to themselves or others;
2. Suffering physical injury;
3. Causing damage or loss of property; or
4. Escaping before a police constable can take responsibility of them.
It can be difficult to assess whether an offence is indictable in the heat of the moment, so any person who is contemplating making a citizen’s arrest ought to carefully assess the situation beforehand. Indictable offences can be tried at Crown Court and include theft, burglary and criminal damage.
Although there are no definite instructions on how to make a citizens arrest, there are several things to bear in mind:
You must inform the person what you are doing as soon as is reasonably possible;
You must tell them why you are arresting them as soon as is reasonably possible;
You must tell the person what offence you believe they have committed;
You must use reasonable force when arresting the person.
Once the arrest has been made, the person must be taken to a Magistrate or police station or else the arrest will not be valid in the eyes of the law. You will be required to make a statement and, if the person is tried in court, you may be required to act as a witness in court.
A person is allowed to restrain the person they are performing a citizen’s arrest upon, but the term ‘reasonable’ is not clearly defined. As a result, whether force is deemed reasonable or not depends on the specific circumstances of the arrest.
Police Community Support Officers (PCSOs) and store detectives use the right to make citizens arrests for some aspects of their jobs. If a PCSO or a store detective arrests you, they will have to be able to show that the arrest fulfils the legal criteria outlined above.
First and foremost, one should always be careful not to put others or oneself in danger. If this is the case, call 999.
The legal issues relating to citizen’s arrest are very complicated, not least because of the provisions that the person making the arrest must comply with undefined ‘reasonable’ parameters of conduct. Just what constitutes ‘reasonable suspicion’ and ‘reasonable force’ are questions that can take a great deal of discussion in court and to be aware of these provisions at the time of making an arrest is extremely hard to do. Although the courts do look favourably upon people with a keen sense of public spirit and aim to uphold their rights, it is possible for a person to be sued for unlawful arrest or face civil litigation if a citizen’s arrest goes wrong.
Ask your legal question using the box below and have a response from solicitor or barrister within minutes.
