Do citizens arrests still exist?

[bryan35]

Never known anyone actually perform one, and the only other time I've ever heard it mentioned was by the 'Guardian Angels' that were popular on the London underground for a while years ago.

How do/did they work?

[Dwight VanDriver]

Serious Organsied Crime and Police Act 2005 amends power of civilan arrest mentioned in Sect 24 PACE to:

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."

Starter for 10. How many citizens know what an indictable offence is?

Arrest by the public not without danger as could lead to litigation fro false arrest and considerable damages being awarded.

Only time I came across one was way back in 1958 when citizen brought chummy in for theft. Sarge made him sign the Charge sheet as Arresting Officer.

Not a common occurrence as powers not understood.

DVD.

,,,oh Indictable offence is an offence, which if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way.
i.e. one which could go to Crown Court. Some can be tried at Mags Court if accused and Bench agree and therefore can remain Indictable. eg Theft.

Speeding 'aint one can only be heard at Mags Court but Dangerous driving can be tried at Crown Court.(PLEASE DO NOT GO OUT AND ARREST THE PILLOCK THAT CUTS YOU UP. Report it for Plod to deal with.)

[mybrainhurts]

Or send round Big Dave and his dog....

[Sheepy]

DVD, What's the difference between a "citizens arrest" and "detaining" someone until arrive to take them into custody? Is there one, or would the courts take the view that the detention was a defacto "citizens arrest"?

Sheepy

[Munter]

Sheepy said:

DVD, What's the difference between a "citizens arrest" and "detaining" someone until arrive to take them into custody? Is there one, or would the courts take the view that the detention was a defacto "citizens arrest"? Sheepy

See section 4d. It's a citizens arrest I believe.

[Dwight VanDriver]

Arrest is the taking or apprehending of a person and restraining him from his liberty in order that he/she shall be forthcoming to answer an alleged or suspected offence.

Detaining IMHO is therefore an arrest unless that person voluntarily elects to remain.

For a civilian to detain by force then that is an arrest is it not?. Neither do they have the power to detain for summary offences (non -indictable). CSO, by statute,do have that power to detain for certian offences until Plod arrives along with their powers of arrest as a Citizen.

DVD




>> Edited by Dwight VanDriver on Friday 12th August 16:06

[MILF]

Simple answer is dont. Youll either be :

a). Beaten to a bloody pulp.

b). Sued for the emotional distress that Wayne sustained as a result of his unlawful detention whilst he was attempting to relieve your Gran of her pension book.

(right Topic this time I hope, cheers DVD).