Citizen's arrest
Discussion
Hypothetically, could one make a citizen's arrest on a motorist displaying dangerous driving behaviour?
Saw an incident the other day in which a car refused to let another car merge-in-turn on exit of a roundabout. The lane 1 car was basically pushing the lane 2 car in to on-coming traffic, so it had to merge or crash basically. The lane 1 car only braked and let lane 2 car in at the last moment but then aggressively* overtook it and slammed on its brakes in an attempt to cause a collision.
They both stopped up ahead and exchanged 'words'.
But I wondered if the lane 2 car would have been within his rights to make a citizen's arrest in that situation?
.. * an interpretation by myself being that it was an urban environment with on-coming traffic and little space to overtake safely. In doing so forcing an oncoming car in to a bus lay-by.
Saw an incident the other day in which a car refused to let another car merge-in-turn on exit of a roundabout. The lane 1 car was basically pushing the lane 2 car in to on-coming traffic, so it had to merge or crash basically. The lane 1 car only braked and let lane 2 car in at the last moment but then aggressively* overtook it and slammed on its brakes in an attempt to cause a collision.
They both stopped up ahead and exchanged 'words'.
But I wondered if the lane 2 car would have been within his rights to make a citizen's arrest in that situation?
.. * an interpretation by myself being that it was an urban environment with on-coming traffic and little space to overtake safely. In doing so forcing an oncoming car in to a bus lay-by.
Edited by AA999 on Tuesday 10th March 09:22
I would say no as you can only make a citizens arrest in certain circumstances.
It would likely fail on the first is that it has to be an indictable offence which means an offence tried in crown court. I.e. A serious offence.
There's more to it than that, such as it is not reasonably practicable for a constable to make the arrest instead etc...
Also making an citizens arrest unlawfully could also make you liable for an unlawful arrest suit.
It would likely fail on the first is that it has to be an indictable offence which means an offence tried in crown court. I.e. A serious offence.
There's more to it than that, such as it is not reasonably practicable for a constable to make the arrest instead etc...
Also making an citizens arrest unlawfully could also make you liable for an unlawful arrest suit.
Both cars have brakes and both had opportunities to stop at any time I assume. I don't really think it's a crime not to allow someone in on merging lanes. It might be aggressive/inconsiderate but I assume one driver has right of way and the other is expecting courtesy but also might have been too forceful trying to get in
cho said:
Both cars have brakes and both had opportunities to stop at any time I assume. I don't really think it's a crime not to allow someone in on merging lanes. It might be aggressive/inconsiderate but I assume one driver has right of way and the other is expecting courtesy but also might have been too forceful trying to get in
There have been a few discussions on here regarding merge-in-turn. The Highway Code doesn't define any one to have a priority or anyone to have an onus to 'give way', but many were saying that the car ahead of the other has the 'right' to merge ahead of the car that is behind. (Quite 'open ended' I know).
But from what I saw it was a case of lane 1 car intentionally driving to close the gap and prevent lane 2 car from merging. Thus taking away the options for lane 2 car. (ie. if lane 2 car had braked it would most likely have resulted in lane 1 car colliding with the rear 3/4).
But that all said and done, the citizen's arrest being aimed at the 'follow up' action by lane 1 car, in that he aggressively overtook and slammed on the brakes to try and cause lane 2 car to crash in to his rear. (In most people's book, this is surely dangerous driving).
My thought was that a citizen's arrest could be performed on anyone that is seen to be breaking the law if there are no police present to make the arrest.
There would have been a number of witnesses present. (Myself being one of them).
LordGrover said:
Sounds like two selfish drivers being childish.
Correct course of action would be to administer a swift clip round the ear and off to bed with no tea for both.
Not sure how you deem both to be selfish and childish?Correct course of action would be to administer a swift clip round the ear and off to bed with no tea for both.
From what I saw being two cars behind, and with a pretty clear view of the proceedings, the actions of lane 1 car to decide to accelerate and intentionally close the gap whilst lane 2 car had already started to merge, seemed to be only one aggressive and childish driver out of the two.
I seem to view a lot of this behaviour on the roads these days, most times there is time for one car to brake, even if one driver is being a retard. But on this occasion the merge lane is quite short and leaves little time for lane 2 cars to maneuver. Lane 2 car had already started the merge but lane 1 car accelerated to prevent it from doing so.
But again the citizen's arrest part was more aimed at the resulting actions by the lane 1 car in him trying to cause a collision.
(As the merge-in-turn discussions have been done in other threads).
Johna said:
AA999 said:
My thought was that a citizen's arrest could be performed on anyone that is seen to be breaking the law if there are no police present to make the arrest.
Incorrect.http://www.legislation.gov.uk/ukpga/1984/60/sectio...
S.24A PACE said:
Arrest without warrant: other persons
(1) A person other than a constable may arrest without a warrant—
(a) anyone who is in the act of committing an indictable offence;
(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—
(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and
(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.
(4) The reasons are to prevent the person in question—
(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.
(1) A person other than a constable may arrest without a warrant—
(a) anyone who is in the act of committing an indictable offence;
(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—
(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and
(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.
(4) The reasons are to prevent the person in question—
(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.
AA999 said:
Hypothetically, could one make a citizen's arrest on a motorist displaying dangerous driving behaviour?
Saw an incident the other day in which a car refused to let another car merge-in-turn on exit of a roundabout. The lane 1 car was basically pushing the lane 2 car in to on-coming traffic, so it had to merge or crash basically. The lane 1 car only braked and let lane 2 car in at the last moment but then aggressively* overtook it and slammed on its brakes in an attempt to cause a collision.
They both stopped up ahead and exchanged 'words'.
But I wondered if the lane 2 car would have been within his rights to make a citizen's arrest in that situation?
.. * an interpretation by myself being that it was an urban environment with on-coming traffic and little space to overtake safely. In doing so forcing an oncoming car in to a bus lay-by.
why couldn't the lane 2 car just merge later? Sounds like they are both equally to blame.Saw an incident the other day in which a car refused to let another car merge-in-turn on exit of a roundabout. The lane 1 car was basically pushing the lane 2 car in to on-coming traffic, so it had to merge or crash basically. The lane 1 car only braked and let lane 2 car in at the last moment but then aggressively* overtook it and slammed on its brakes in an attempt to cause a collision.
They both stopped up ahead and exchanged 'words'.
But I wondered if the lane 2 car would have been within his rights to make a citizen's arrest in that situation?
.. * an interpretation by myself being that it was an urban environment with on-coming traffic and little space to overtake safely. In doing so forcing an oncoming car in to a bus lay-by.
Edited by AA999 on Tuesday 10th March 09:22
AA999 said:
They both stopped up ahead and exchanged 'words'.
But I wondered if the lane 2 car would have been within his rights to make a citizen's arrest in that situation?
Don't get involved. As a traffic officer once said to me... It's all about discipline. Drive away from the incident; don't get involved in any form of road rage. There are a lot of very nasty people out there who you just wouldn't want to get involved with.But I wondered if the lane 2 car would have been within his rights to make a citizen's arrest in that situation?
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