Citizen's arrest
Encyclopedia
A citizen's arrest is an arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...

 made by a person
Person
A person is a human being, or an entity that has certain capacities or attributes strongly associated with being human , for example in a particular moral or legal context...

 who is not acting as a sworn law-enforcement official
Police officer
A police officer is a warranted employee of a police force...

. In common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

s encouraged ordinary citizens to help apprehend law breakers.

Despite the practice's name, in most countries, the arresting person is usually designated as a person with arrest powers, who need not be a citizen of the jurisdiction or country in which he or she is acting. For example, in England/Wales, the power comes from Section 24a Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...

, called 'any person arrest'. This legislation states 'any person' has these powers, and does not state that they need to be a citizen of England/Wales.

Legal and political aspect

A person who makes a citizen's arrest could risk exposing him or herself to possible lawsuits or criminal charges (such as charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest) if the wrong person is apprehended or a suspect's civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 are violated. This is especially so when police forces are attempting to determine who an aggressor is.

The level of responsibility that a person performing a citizen's arrest may bear depends on the jurisdiction. For instance, in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

, a person stopping a criminal from committing a crime, including crimes against belongings, is not criminally responsible as long as the means employed are in proportion to the threat (note, however, that at least in Germany, this results from a different legal norm, "aid to others in immediate danger," which is concerned with prevention, not prosecution, of crimes).

Australia

The power to arrest is granted by both federal
Government of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...

 and state
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...

 legislation, however the exact power granted differs depending on jurisdiction. The power to arrest for a Federal offence is granted by s.3Z of the Crimes Act 1914
Crimes Act 1914
The Crimes Act 1914 is a piece of Federal legislation in Australia. Pursuant to the Australian Constitution it prevails in any conflict with State laws dealing with the subject of crime....

. Under the Act, a person who is not a police constable may, without warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...

, arrest another person if they believe on reasonable grounds that:
  • the other person is committing or has just committed an indictable
    Indictment
    An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

     offence; and
  • proceedings by summons against the other person would not: ensure the appearance of the person before a court in respect of the offence; prevent a repetition or continuation of the offence or the commission of another offence; prevent the concealment, loss or destruction of evidence relating to the offence; prevent harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence; prevent the fabrication of evidence in respect of the offence; or would not preserve the safety or welfare of the person.


A person who arrests another person must, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a constable.

Victoria

In the Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

n state of Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....

, the power to arrest is granted in section 458 of the Crimes Act 1958 (Vic). It states that a person may, without a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...

, arrest a person that they find committing an offence for one or more of the following reasons:
  • to ensure the appearance of the offender in court, and/or
  • to preserve public order, and/or
  • to prevent the continuation or repetition of the offence, or the commission of a further offence, and/or
  • for the safety or welfare of the public or the offender


A person may also arrest another person if they are instructed to do so by a member of the police force, or if they believe on reasonable grounds that they are escaping legal custody.

Section 461 states that if an arrest is made under 458 of the Crimes Act, and is later proven to be false, then the arrest itself won't be considered unlawful if it was done so on reasonable grounds. Section 462A allows any person the right to use force ‘not disproportionate to the objective as he believes on reasonable grounds to be necessary to prevent the commission, continuance or completion of an indictable offence or to effect or assist in effecting the lawful arrest of a person committing or suspected of committing any offence’.

New South Wales

In the Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

n state of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...

, the power to arrest is granted by s.100 of the Law Enforcement (Powers and Responsibilities) Act 2002. Under the Act, a person may, without a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...

, arrest another person if:
  • the person is in the act of committing an offence under any Act or statutory instrument, or
  • the person has just committed any such offence, or
  • the person has committed a serious indictable offence for which the person has not been tried.


Section 231 of the Act allows for the use of such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest. A person who arrests another person under s.100 must, as soon as is reasonably practicable, take the person, and any property found on the person, before a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

 to be dealt with according to law. The magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

 will also decide whether or not the force applied in making the arrest was reasonable in the circumstances.

According to the Law Society of New South Wales, the arresting person should:
  • inform the person that they are under arrest and
  • inform the person of the reasons for the arrest

Queensland

In the Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

n state of Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...

, the power to arrest is granted by s.546 of Schedule 1 to the Criminal Code Act 1899. Under the Act, any person who finds another committing an offence may, without warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...

, arrest the other person. The power to arrest in Queensland also allows for arrest on suspicion of an offence:
If the offence has been actually committed--it is lawful for any person who believes on reasonable ground that another person has committed the offence to arrest that person without warrant, whether that other person has committed the offence or not.


s.260 of the Act also provides a power to arrest in preventing a breach of the unorthodox peace:
It is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give the person into the custody of a police officer.

South Australia

The Criminal Law Consolidation Act 1935 (s271) grants arrest powers to a person.

"s271(3) A person is liable to arrest and detention under this section if the person is in the act of committing, or has just committed an indictable offence; or theft (whether the theft is a summary or indictable offence); or an offence against the person (whether the offence is summary or indictable); or an offence involving interference with, damage to or destruction of property (whether the offence is summary or indictable). "

Tasmania

Under the Police Offences Act 1935 (Tasmania), section 55(3), any person may arrest any other person whom they find committing an offence, where they have reasonable grounds to believe that the conduct will create or may involve substantial injury to another person, serious danger of such injury, loss of property or serious injury to property. Section 55(5) states ‘For the purposes of this section, a person is said to be “found offending” if he does any act, or makes any omission, or conducts or behaves himself, and thereby causes a person who finds him reasonable grounds for believing that he has, in respect of such act, omission, or conduct, committed an offence against this Act.’ There are further provisions in section 301 of the Criminal Code Act 1924 (Tas) that appear to allow a sliding scale of force in executing an arrest.

Western Australia

It was only in 2004 that the Western Australian parliament repealed the quaint provisions of the former section 47 of the Police Act 1892 which allowed any person to arrest without a warrant ‘any reputed common prostitute, thief, loose, idle or disorderly person, who, within view of such person apprehending, shall offend against this Act, and shall forthwith deliver him to any constable or police officer of the place where he shall have been apprehended, to be taken and conveyed before a Justice, to be dealt with according to law …’ A private citizen would have found it rather difficult to interpret the terms ‘loose’ or ‘idle’ with any degree of legal certainty
Legal certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. Legal certainty is internationally recognised as a central requirement for the rule of law....

. WA now locates its citizen’s arrest powers in section 25 of the Criminal Investigation Act (WA) 2006.

The Territories

Northern Territory: Under section 441(2) of the Criminal Code of the Northern Territory, any person can arrest another whom he or she finds committing an offence or behaving such that he or she believes on reasonable grounds that the offender has committed an offence and that an arrest is necessary for a range of specified reasons.
Australian Capital Territory: refer to the Crimes Act 1900 (ACT), section 218, which permits a citizen’s arrest.

Generally speaking we can safely conclude as follows regarding the law in Australia: where it is clear on the evidence that a private citizen, or security officer, in detaining a suspect, acted reasonably and the suspect unreasonably, then it is likely that the court will find in favour of the citizen or security officer and against the suspect if that suspect chooses, later, to sue the citizen for assault or false imprisonment. In other circumstances where, say, a property owner (or an agent) arrests a thief in a manner, and in circumstances, disproportionate to the likely harm to the victim, and in clear defiance of the rights of the suspect (for example, to be taken forthwith to a police station), then the court is very likely to find in favour of the suspect (guilty or otherwise). The courts may order compensation for such suspects in appropriate circumstances. {speedydelete}

Brazil

A Federal law allows any person to arrest a suspect criminal found in flagrante delicto
In flagrante delicto
In flagrante delicto or sometimes simply in flagrante is a legal term used to indicate that a criminal has been caught in the act of committing an offence...

or fleeing from the crime scene. The person has to, at his/her own judgment, have the physical power to keep the suspect detained, has to verbally explain what he/she is doing to the arrestee and has to call the police. Both have to wait for the arrival of the police. The person who makes a citizen's arrest has to sign the police forms as a witness and explain the facts. Typically it will lead to a time burden of at least two hours. If the facts cannot be verified the person who realizes the citizen's arrest might be sued by the arrestee.

Canada

Section 494. (Criminal Code)

(1) ARREST WITHOUT WARRANT BY ANY PERSON

Anyone may arrest without warrant(s)

(a) a person whom he finds committing an indictable offence; or

(b) a person who, on reasonable grounds, he believes
  • (i) has committed a criminal offence, and
  • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person


(2) ARREST BY OWNER, ETC., OF PROPERTY

Anyone who is

(a) the owner or a person in lawful possession of property, or

(b) a person authorized by the owner or by a person in lawful possession of property

may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.

(3) DELIVERY TO PEACE OFFICER

Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
-Section 494, sub. 1, (a) is the "General Power of Arrest" for non-peace officers.

- Section 494, sub. 1, (b) is known as the "Assist Power of Arrest" and includes assisting another citizen who witnessed a "Criminal Offence" and, therefore, "... is escaping from and freshly pursued by persons who have lawful authority to arrest that person ...". This section of the Criminal Code of Canada IS that authorization.

- Section 494, sub. 2, is the "Owner/Agent" power of arrest. It applies to both security and all other staff (or friends/neighbours if it is a dwelling) of any given property (The reason companies tell their staff they can't make such an arrest is because if the person making the arrest is hurt/killed by the criminal, the company becomes liable for the injury or death. Further, most people are neither equipped or trained to make proper arrests, which greatly increases the likelihood of injury or death to the citizen).

- in Section 494, sub. 2, (b) "...a person whom he finds committing a criminal offence on or in relation to that property." includes criminal offences that are not on that property at all. If someone steals from a store, the security personnel who pursue the thief can leave the property to continue the pursuit. When the pursuit is broken off, the thief is no longer considered to be "freshly pursued" and therefore others are no longer permitted to assist in the apprehension of the criminal (it, then, becomes a matter for the Police to handle). Note that 494(1)(a) allows for arrest related only to indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...

s, while 494(2) allows for arrest for any offence against the laws of Canada, most notably small value theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...

.

Finland

Coercive Measures Act 30.4.1987/450 gives a right to apprehend someone in the act of committing a crime (in flagrante delicto
In flagrante delicto
In flagrante delicto or sometimes simply in flagrante is a legal term used to indicate that a criminal has been caught in the act of committing an offence...

)
or fleeing from the crime scene, if punishment for the crime might be imprisonment or the crime is mild assault, pilferage, mild treachery, mild unapproved use, mild annexation of motor vehicle, mild mischief or mild forgery. A person wanted by the police (arrest warrant) can be apprehended by anyone. After the apprehension, the police must be contacted as soon as possible.
If the criminal is resisting or tries to escape, the law gives a citizen the right to use an amount of force considered necessary, when considering the nature of the crime, the behavior of the apprehended and the situation as a whole.

France

Allows any person to arrest a person having been caught in flagrante delicto
In flagrante delicto
In flagrante delicto or sometimes simply in flagrante is a legal term used to indicate that a criminal has been caught in the act of committing an offence...

committing a crime punishable by a jail or prison term, and to conduct that person before the nearest officer of judiciary police – in modern practice, one would rather call the police in after performing the arrest.

Germany

Citizen's arrests can be made under §127 StPO (code of penal procedures) if the arrestee is caught in flagrante delicto
In flagrante delicto
In flagrante delicto or sometimes simply in flagrante is a legal term used to indicate that a criminal has been caught in the act of committing an offence...

and either the identity of the person cannot be otherwise established immediately or he/she is suspected to try to flee. The person making the arrest is allowed to hold the arrestee solely for the purpose of turning him over to a proper legal authority such as the police. German law does not establish that the crime has to be serious, nor that the person making the arrest has to actually be a citizen of Germany.

Hong Kong

Known as the '101 power' in Hong Kong. Under Hong Kong Laws. Chap 221 Criminal Procedure Ordinance, Section 101 Summary apprehension of offender in certain cases, subsection 2 "Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence." Once an arrest is made, the suspect must be delivered to a police office as soon as possible for court proceedings. "Arrestable offence" is defined as any crimes that can be sentenced for more than 12 months of jail time.

Hungary

According to article 127, section 3 of Act XIX. of 1998 concerning Penal Procedure, anyone may arrest a person caught committing a felony, but is obliged to hand the person over to the "investigative authorities" immediately; if this is not possible, the police must be informed.

India

According to section 43, of the Code of Criminal Procedure, 1973 "Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station."

Ireland

Any person can arrest someone who they have reasonable cause is in the act of committing or has committed an "arrestable" offence, that is one punishable by more than 5 years in prison. The arrest can only be effected if the arrestor has reasonable cause that the person will attempt to avoid apprehension by Gardaí
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...

 and the arrestor delivers the person to Garda custody as soon as is practicable.

Israel

A law allowing anyone to arrest a suspect who they witnessed carrying out a felony was repealed in 1996 and a new law now allows the detention of a suspect by another person under certain conditions.
Section 75 of the Criminal Procedure Law (Enforcement Powers - Arrest) of 1996 allows anyone to detain a person who is witnessed carrying out certain suspected crimes. The crimes include the following: a felony, theft, a crime of violence and a crime which has caused serious damage to property.
A person using these detention powers may use reasonable force if their request is not met as long as they do not cause the suspect bruising. They must hand the suspect over to the police immediately and no later than three hours.
Persons whose identity is known or who are not suspected of fleeing may not be detained.
The law, which is relatively new, is used by both private individuals and private security but is problematic because it has not yet been interpreted by the courts. A magistrate's court in Jerusalem has in early 2009 handed down a verdict convicting two private security officers of assault following a detention of a suspect who assaulted one of them. The court reached a conclusion that the guards were not allowed to detain the suspect who was seated in a taxi at the time and should have waited for the police to arrive.

Malaysia

Section 27(1) of the Criminal Procedure Code allows for a private person to arrest a person who, in his view, has committed a seizable offence or a non-bailable offence:

Any private person may arrest any person who, in his view, commits a non-bailable and seizable offence or who has been proclaimed under section 44 and shall without unnecessary delay hand over the person so arrested to the nearest police officer or, in the absence of a police officer, take that person to the nearest police station.


Sub-section 5 further allows the arrest of a person who commits an offence on or with respect to the property of another by any person who is using the property to which the injury is done, or by the servant of either of those persons or by any person authorized by or acting in aid of either of those persons:

Any person who commits an offence on or with respect to the property of another may if his name and address are unknown be apprehended by the person injured or by any person who is using the property to which the injury is done, or by the servant of either of those persons or by any person authorized by or acting in aid of either of those persons, and may be detained until he gives his name and address and satisfies such person that the name and address so given are correct or until he can be delivered into the custody of a police officer.


A "seizable offence" is defined as an offence in which a police officer may ordinarily arrest without warrant as per defined by the Code.

Mexico

Article 16 of the 1917 Constitution of Mexico
Constitution of Mexico
The Political Constitution of the United Mexican States is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in the State of Querétaro, by a constitutional convention, during the Mexican Revolution. It was approved by the Constitutional Congress on February 5, 1917...

 allows any person to arrest a criminal found in flagrante delicto
In flagrante delicto
In flagrante delicto or sometimes simply in flagrante is a legal term used to indicate that a criminal has been caught in the act of committing an offence...

.

New Zealand

Some legal protection exists to those making a citizen's arrest as provided in the Crimes Act 1961
Crimes Act 1961
The Crimes Act 1961 is an Act of the Parliament of New Zealand administered by the Ministry of Justice.-Amendments:The Homosexual Law Reform Act 1986 amended the Crimes Act, allowing for consensual homosexual relationships between men....

 in that there may be justification or protection from criminal responsibility. Justification of the arrest ensures the arresting person is not guilty of an offence and are not liable to any civil proceeding
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

. Protection from criminal responsibility means those who make the arrest are not liable to any criminal proceedings. They are however liable for civil proceedings
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

. The legislation is carefully worded and only applies for offences covered in the Crimes Act 1961, not other offences such as those covered in the Summary Offences Act 1981.

Specifically, the Crimes Act 1961
Crimes Act 1961
The Crimes Act 1961 is an Act of the Parliament of New Zealand administered by the Ministry of Justice.-Amendments:The Homosexual Law Reform Act 1986 amended the Crimes Act, allowing for consensual homosexual relationships between men....

 states that everyone (not just New Zealand citizens) is justified in arresting without warrant:
  • Any person found committing any offence against this Act which the maximum punishment is not less than 3 years' imprisonment; or
  • Any person found at night (9pm till 6am) committing any offence against this Act.


Other situations where members of the public are protected from criminal responsibility when involved in arresting where:
  • They have been asked by a police officer to help arrest any person believed or suspected to have committed any offence unless they know that there is no reasonable ground for the belief or suspicion.
  • They witness a breach of the peace, and therefore are justified in interfering to prevent its continuance or renewal, and may detain any person committing it, in order to hand them over to a Police Officer provided that the person interfering does not use more force than is reasonably necessary for preventing the continuance or renewal of the breach of the peace, or than is reasonably proportionate to the danger to be apprehended from its continuance or renewal. Similar legislation applies to suppressions of riots by members of the public.
  • They believe, on reasonable and probable grounds, someone has committed an offence against the Crimes Act 1961 and is fleeing and is being pursued by any one they believe can arrest that person for the offence (such as a police officer). This applies whether or not the offence has in fact been committed, and whether or not the arrested person committed it.


In all cases a person making a citizens arrest must hand over the suspect to a police officer at the earliest possible time.

Pakistan

Section 59 of the Criminal Procedure Code authorizes a private person to arrest any one he reasonably suspects of committing a non-bailable offence.

Portugal

According to the Portuguese Code of Criminal Procedure (article 255), any person may arrest someone in the act of committing a crime or fleeing from the crime scene if the crime they were committing is punishable with a prison term of any length. The arrested person must be handed over to the police immediately after it is possible to do so.

Sweden

Any person may arrest someone in the act of committing a crime or fleeing from the crime scene if the crime he or she was committing is punishable with a prison term of any length. A person wanted by the police, for whom there is an arrest warrant, can be arrested by anyone at any time. After the arrest, the police must be contacted as soon as possible.

England and Wales

A citizen's arrest (officially called an "any person arrest") is permitted to be made on any person under section 24A of the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...

 for an indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...

, including either way
Either Way
"Either Way" is a song by The Twang, which was released as their second single under the B-Unique Records on May 28, 2007, and it is also the second single to be taken from the band's debut album Love It When I Feel Like This...

 offences (in this section referred to simply as "an offence"), but excluding certain specific ones listed below. It is thus permissible for any person to arrest:
  • Anyone who is in the act of committing an offence, or whom the arrestor has reasonable grounds for suspecting to be in the act of committing an offence, or
  • Where an offence has been committed, anyone who is guilty of that offence or whom the arrestor has reasonable grounds for suspecting to be guilty of it


In order for the arrest to be lawful, the following two conditions must also be satisfied:
  • It appears to the person making the arrest that it is not reasonably practicable for a constable to make the arrest instead
  • The arrestor has reasonable grounds for believing that the arrest is necessary to prevent one of the following:
    • The person causing physical injury to himself or others
    • The person suffering physical injury
    • The person causing loss of or damage to property
    • The person absconding before a constable can assume responsibility for him


Use of the second power above is rather risky, since it relies upon the person carrying out the arrest knowing that an offence has been committed, of which in itself needs to be indictable or either way offence. The Act therefore gives a constable additional powers under section 24 to arrest the following:
  • Anyone who is (without doubt) about to commit an offence, or whom the constable has reasonable grounds for suspecting to be about to commit an offence
  • Anyone whom the constable has reasonable grounds for suspecting to be guilty of an offence which is merely suspected to have taken place


N.B. 'Any person' powers can be used to arrest before an offence occurs as long as the offence in question falls within the Criminal Attempts Act 1981
Criminal Attempts Act 1981
The Criminal Attempts Act 1981 is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes...

. This act creates the offence of an attempted offence, as long as the offence being attempted is an indictable one. For this to apply, the offence must actually be in the process of being attempted - preparatory steps are not sufficient. For example, putting gloves on to smash a car window would not suffice, but the throwing of a brick at the window would.

A constable's arrest power is not limited to indictable offences, and conditions different from the above apply.

However, a citizen's arrest cannot be made:

In addition to the above, a private person may be authorised to execute an arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....

, if the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

 issuing the warrant has given them the authority to do so.
Other powers

A person may arrest an individual/individuals to prevent an occurring, repeated or a breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...

 about to occur. This offence definition and power of arrest are contained under the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 definition of 'breach of the peace'.

Until 2006, there was an 'any person' power of arrest under part of the Theft Act 1968
Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...

 in England and Wales that related to poaching
Poaching
Poaching is the illegal taking of wild plants or animals contrary to local and international conservation and wildlife management laws. Violations of hunting laws and regulations are normally punishable by law and, collectively, such violations are known as poaching.It may be illegal and in...

, which was used by private water bailiff
Water bailiff
A water bailiff is a law enforcement officer responsible for the policing of bodies of water, such as a river, lake or coast. The position has existed in many jurisdictions throughout history.-Scotland:...

s (as opposed to Environment Agency
Environment Agency
The Environment Agency is a British non-departmental public body of the Department for Environment, Food and Rural Affairs and an Assembly Government Sponsored Body of the Welsh Assembly Government that serves England and Wales.-Purpose:...

 bailiffs). This ceased to have effect as a result of a general repeal of such arrest powers by the Serious Organised Crime and Police Act 2005
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...

.
An officer or agent of certain companies may seize and detain any person who has committed an offence against the provisions of the Companies Clauses Consolidation Act 1845 whose name and residence shall be but unknown to such officer or agent, and take them before a justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...

, who "shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender".

Under the Standing Orders
Parliamentary procedure
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...

 of the House of Commons of the United Kingdom, the Serjeant at Arms has the power to take into custody anyone who is in a Members-only area of the House, or who misconducts themselves, or who fails to leave when the House sits in private.

Northern Ireland

Similar provisions apply to Northern Ireland as to England and Wales, implemented through the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341) as amended by the Police and Criminal Evidence (Amendment) (Northern Ireland) Order (SI 2007/288).

Scotland

While no statutory provision for citizen's arrest exists in Scots Law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...

, there is a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 position that anyone committing an offence can be arrested using minimum force if necessary with consideration to what is reasonable in the relevant circumstances. The offence must be a serious one and not merely for a breach of the peace. The person exercising the power must have witnessed the offence occurring therefore they cannot act upon information from another person. An arrest is applicable reliant on situation.

United States

Each state, with the exception of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

, permits citizen arrests if the commission of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

 is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension
Posse comitatus (common law)
Posse comitatus or sheriff's posse is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry"...

 of a suspect by police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...

. The application of state laws
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...

 varies widely with respect to misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...

s, breaches of the peace, and felonies not witnessed by the arresting party. For example, Arizona law allows a citizen's arrest if the arrestor has personally witnessed the offense occurring.

American citizens do not carry the authority or enjoy the legal protections held by police officers, and are held to the principle of strict liability
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...

 before the courts of civil-
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 and criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 including, but not limited to, any infringement of another's rights. Nonetheless many citizens' arrests are popular news stories.

Though North Carolina General Statutes have no provision for citizens' arrests, detention by private persons is permitted and applies to both private citizens and police officers outside their jurisdiction. Detention is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property. Detention is different from an arrest in that in a detention the detainee may not be transported without consent.

See also

  • R. v. Asante-Mensah
    R. v. Asante-Mensah
    R. v. Asante-Mensah, [2003] 2 S.C.R. 3, 2003 SCC 38, is a leading Supreme Court of Canada decision where the Court affirmed the limits to which private citizens may undertake an arrest, as well as the limits of private individuals in the use of force to protect property...

  • Shopkeeper's privilege
    Shopkeeper's privilege
    In some jurisdictions of the United States, the courts recognize a common law shopkeeper's privilege, under which a shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as the shopkeeper has cause to believe that the person detained in...

  • Individuals with powers of arrest
    Individuals with powers of arrest
    Originally, powers of arrest were confined to sheriffs in England for a local area. Over the past few hundred years, the legal power of arrest has gradually expanded to include a large number of people/officials, the majority of which have come to the fore more recently...


External links

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