RiffRaff Posted September 2, 2006 Share Posted September 2, 2006 How do you make a "citizen's arrest"? What does it actually mean? What are the rules/regs, rights/wrongs? What if you make a wrongful one? Can you be sued if you do? Perhaps a question for one of m'learned friends.... Link to comment Share on other sites More sharing options...
Cyclone Posted September 2, 2006 Share Posted September 2, 2006 It has to be for an arrestable offence (which is a shorter list of things than you might think). You tell them that you are placing them under a citizens arrest, use reasonable force if necessary, phone the police and tell them what you've done. You can be sued for wrongful arrest and unlawful imprisonment if you get it wrong, you might also be charged with assault or other criminal offences if you got it wrong. Link to comment Share on other sites More sharing options...
cgksheff Posted September 2, 2006 Share Posted September 2, 2006 A quick google will give you the definitions. The important points are: to be sure that an "arrestable offence" has been committed. to use no more than "reasonable" force. to take the person to a police officer or police station within a "reasonable" time. As opposed to being sued, you are more likely to be charged with a criminal offence if you get it wrong. edit...or like wot 'e said 2 minutes ago! Link to comment Share on other sites More sharing options...
Mel's Mum Posted September 2, 2006 Share Posted September 2, 2006 there is no such thing as an arrestable offence any more. All offences are arrestable, but the arrest must be shown to be necessary. Link to comment Share on other sites More sharing options...
muddycoffee Posted September 2, 2006 Share Posted September 2, 2006 My friend studied Law and he told me that you would be better off never trying to make a citizen's arrest. Apparently citizen's arrests are fraught with trouble. Although if you were a Lawyer and you knew what you were doing it would probably be worth it. Link to comment Share on other sites More sharing options...
RiffRaff Posted September 2, 2006 Author Share Posted September 2, 2006 Good Grief! That was quick, Cyclone! (My wife says it's always been a problem with me too!) So.... If I say to you (having just apprehended you for some misdemeanor or other) "I'm placing you under citizen's arrest", but you then have it away like a whirlwind (Ha!), are you in "extra" violation of something? Or if I manage to stop you from being away on your toes, is it yet another case of "using reasonable force"? Link to comment Share on other sites More sharing options...
melthebell Posted September 2, 2006 Share Posted September 2, 2006 got something planned have we? Link to comment Share on other sites More sharing options...
Cyclone Posted September 2, 2006 Share Posted September 2, 2006 I don't think running off from someone attempting a citizens arrest is a specific offense, AFAIK. Yes, you can only use reasonable force to affect the arrest, if they resist then 'reasonable' will increase in proportion to their level of resistance. Most coppers still seem to believe that there is a list of arrestable offences. section 24 police and criminal offences act What is an arrestable offence (s.24 PACE)? Offences which a sentence is fixed by law (e.g. life imprisonment for murder); Offences for which the maximum sentence for an adult is five years' imprisonment or longer (e.g. theft - max 7 years); Certain other specified offences (e.g. offences contained in the Official Secrets Acts 1911-89 and the Theft Act 1968 e.g. taking a motor vehicle without consent, has been arrestable offence even thought the maximum sentence is only six months imprisonment). Link to comment Share on other sites More sharing options...
Mel's Mum Posted September 2, 2006 Share Posted September 2, 2006 sorry, but "most coppers" should have had their SOCAPA training by now - it came into force on 1st Jan this year! (Serious organised crime and police act) superceded s.24. Link to comment Share on other sites More sharing options...
cgksheff Posted September 2, 2006 Share Posted September 2, 2006 there is no such thing as an arrestable offence any more. All offences are arrestable' date=' but the arrest must be shown to be necessary.[/quote'] I think that I know what you mean, but the emphasis on "arrestable offence" as opposed to what someone may "think" is an offence. Offences are still "arrestable" or not, but police have increased powers of arrest when they think that there are additional grounds to detain you after a "non-arrestable" offence. Citizens do not have that additional power. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.