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Wikipedia

Citizen's arrest

A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official.[1] In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.[2]

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 country in which they are acting. For example, in England and Wales, the power comes from Section 24A(2) of the Police and Criminal Evidence Act 1984,[3] called "any person arrest". This legislation states "any person" has these powers, and does not state that they need to be a British citizen.

Legal and political aspects edit

Anyone who makes a citizen's arrest can find themselves facing possible lawsuits or criminal charges (e.g. charges of false imprisonment, unlawful restraint, kidnapping, or wrongful arrest) if the wrong person is apprehended or a suspect's civil rights are violated.[4] This is especially true when police forces are attempting to determine who an aggressor is. Private citizens do not enjoy the same immunity from civil liability when making arrests on other private citizens as police officers do.

The level of responsibility that a person performing a citizen's arrest may bear depends on the jurisdiction. For instance, in France and Germany, 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. In both countries, this results from a different legal norm, "aid to others in immediate danger", which is concerned with prevention, not prosecution, of crimes.

Laws by country edit

Australia edit

In Australia, the power to arrest is granted by both federal and state legislation; however, the exact power granted differs depending on jurisdiction. The power to arrest for a federal offence is granted by section 3Z of the Crimes Act 1914.[5] Under the Act, a person who is not a police constable may, without warrant, arrest another person if they believe on reasonable grounds that:

  • the other person is committing or has just committed an indictable 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.

Generally speaking, as regards 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, e.g. 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.

New South Wales edit

In the Australian state of New South Wales, the power to arrest is granted to anyone who is not a police officer by section 100 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).[6] Under the Act, a person may, without a warrant, 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 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 section 100 must, as soon as is reasonably practicable, take the person, and any property found on the person, before a magistrate to be dealt with according to law. The magistrate will also decide whether or not the force applied in making the arrest was reasonable under the circumstances.

According to the Law Society of New South Wales, the arresting person should:[7]

  • inform the person that they are under arrest and
  • inform the person of the reasons for the arrest.[8][failed verification]

Queensland edit

In the Australian state of Queensland, the power to arrest is granted by section 546 of Schedule 1 to the Criminal Code Act 1899 (Qld).[9] Under the Act, any person who finds another committing an offence may, without warrant, 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.

Section 260 of the Act also provides a power to arrest in preventing a breach of the 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.

Following the arrest, the person arrested must, without delay, be handed over to a justice of the peace or police officer, in accordance with section 552 of the Criminal Code. Legal advice should then be sought to avoid any possible legal action for wrongful arrest, false imprisonment or assault.[10]

South Australia edit

Section 271 of the Criminal Law Consolidation Act 1935 (SA) grants arrest powers to a person in South Australia.[11]

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 edit

Under the Police Offences Act 1935 (Tas), 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.

Victoria edit

In the Australian state of Victoria, the power to arrest is granted in section 458 of the Crimes Act 1958 (Vic).[12] It states that a person may, without a warrant, 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 the offender is escaping legal custody.

Section 461 states that if an arrest is made under section 458 of the Crimes Act, and is later proven to be false, then the arrest itself will not be considered unlawful if it was made 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".

Western Australia edit

It was only in 2004 that the Western Australian parliament repealed the 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. Citizen's arrest powers are now in section 25 of the Criminal Investigation Act 2006 (WA).

The Territories edit

Northern Territory
Under section 441(2) of the Criminal Code of the Northern Territory, any person can arrest another whom (s)he 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
See the Crimes Act 1900 (ACT), section 218, which permits a citizen's arrest.

Austria edit

In Austria, citizen's arrests (Anhalterecht Privater) can be made under § 80 Abs 2 StPO (code of penal procedures).[13] 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.

Brazil edit

In Brazil, a Federal law[14] allows any person to arrest a suspect criminal found in flagrante delicto 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 (s)he 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 edit

Federal law edit

Canada's blanket arrest authorities for crimes or violations of federal statutes are found in the Criminal Code. In Canada, a criminal offence is any offence that is created by a federal statute—there are no "provincial crimes".

Criminal offences are divided into three groups: indictable, dual procedure, and summary conviction. For the purposes of arrest, dual procedure offences are considered to be indictable.

The Criminal Code provisions related to citizen arrests[15] were changed in 2012, by the Citizen's Arrest and Self-defence Act.[16] As a consequence, it is now possible to make a citizen's arrest in Canada in circumstances where a "reasonable" amount of time has lapsed between the commission of a property-related offence and the arrest.[17]

CRIMINAL CODE[18]
Arrest without warrant by any person

494. (1) Any one may arrest without warrant
  • (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.

Arrest by owner, etc., of property

(2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and
  • (a) they make the arrest at that time; or
  • (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

Delivery to peace officer
(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

For greater certainty
(4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.

Provincial law edit

There are several arrest authorities found through the various provincial statutes. The most notable citizen's arrest authority in Ontario is found in the Trespass to Property Act, but there are others found in the Highway Traffic Act, the Liquor Licence Act, and many others.

TRESPASS TO PROPERTY ACT[19]
Arrest without warrant on premises
9. (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.

Delivery to police officer
(2) Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer.

China edit

Chinese criminal procedure law[20] empowers any citizen to make citizen's arrest:

Article 82. Under any of the following circumstances, a person may be immediately taken by any citizen to a public security authority, a people's procuratorate, or a people's court for handling:

  • (1) the person is committing a crime or is discovered immediately after committing a crime;
  • (2) the person is wanted;
  • (3) the person has escaped from incarceration; and
  • (4) the person is being pursued for capture.

Denmark edit

In Denmark, pursuant to § 755 (2) of the Administration of Justice Act, anyone may arrest a person caught in the act of committing a crime or in direct connection to a crime if the criminal act is subject to public prosecution. The arrestee must as soon as possible be turned over to the police with information about the time of and reasons for the arrest.[21]

Ethiopia edit

In Ethiopia, any private person may arrest without warrant a person who has committed a flagrant offence as defined in Art. 19 and 20 of the Criminal Procedure Code where the offence is punishable with simple imprisonment for not less than three months.[22] In addition where the police call for assistance in making an arrest with or without warrant there shall be a duty to assist where assistance can be given without risk.[23] The Criminal Procedure Code also provides that where an arrest is made the person making the arrest shall without unnecessary delay hand over the person so arrested to the nearest police station.[24]

Finland edit

In Finland, Coercive Measures Act 22.7.2011/806 gives a right to apprehend someone in the act of committing a crime (in flagrante delicto) or fleeing from the crime scene, if punishment for the crime might be imprisonment or the crime is petty assault, petty theft, petty embezzlement, petty unauthorized use, petty stealing of a motor vehicle for temporary use, petty damage to property or petty fraud. A person wanted by the police (arrest warrant) can be apprehended by anyone. After the apprehension, the detainee must be handed over to the police 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 edit

French law allows any civilian to arrest a person caught in flagrante delicto committing a felony or misdemeanor punishable by a jail sentence, with the obligation to immediately bring that person before the nearest officer of the police judiciaire.[25] In modern practice, one would detain the perpetrator and immediately call the nearest police, then hand over the perpetrator and any evidence to the first police officers to arrive at the scene. Use of force is not authorised.

Germany edit

Citizen's arrests (in German: Jedermann-Anhalte- und -Festnahmerecht) can be made under § 127 I 1 StPO (code of penal procedures) if the arrestee is caught in flagrante delicto and either the identity of the person cannot be otherwise established immediately or they are suspected to try to flee.[26] The person making the arrest is allowed to hold the arrestee solely for the purpose of turning them 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. The use of force is authorized, but the force must be proportional (verhältnismäßig) to the circumstances and the suspected crime.[27]

Hong Kong edit

Citizen's arrest is known as the "101 power". Under the Criminal Procedure Ordinance (cap. 221 of the Laws of Hong Kong), section 101(2) provides that "Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence" using "force as is reasonable and proportionate in the circumstances".[28] 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.[29]

Hungary edit

According to article 273 of Act XC. of 2017 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.[30]

India edit

Section 43, of the Code of Criminal Procedure, 1973 states that:

  1. 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.
  2. If there is a reason to believe that such person comes under the provisions of Sec 41, a police officer shall re-arrest him.
  3. If there is a reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of the police officer to give his name and residence, or gives name or residence which such officer has a reason to believe to be false, he shall be dealt with under the provisions of Sec 42, but if there is no sufficient reason to believe that he has committed any offence he shall at once be released.

According to this section any private person may arrest or cause to be arrested

  1. A person committing a non bailable and cognizable offence in his presence or
  2. Any proclaimed offender he shall without unnecessary delay take such person over to a police officer or to the nearest police station.

Iran edit

The Code of Criminal Procedure allows private citizens to detain those suspected of crimes in order to prevent their escape, so long as the crime in question is on the list of crimes subjected to citizens' arrest, the crime is evident, and law enforcement is absent from the scene.[31]

Ireland edit

The term "citizen's arrest" is colloquially used for arrest, without an arrest warrant, made by someone other than a member of the Garda Síochána.[32] Despite the colloquial name, non-Irish citizens have performed such arrests.[33] The law of the Republic of Ireland, being derived from English law, inherited the common law power for private individuals to arrest for felony or breach of the peace.[32] The Criminal Law Act 1997 abolished the common-law distinction between felonies and misdemeanours and instead distinguishes "arrestable" and "non-arrestable" offences; arrestable offences are those punishable by at least five years' imprisonment, and private individuals may arrest those in flagrante, having committed, or about to commit an arrestable offence.[34][32][35]

Several other statutes which define offences likewise state "any person may arrest" someone committing the offence; relevant offences include making off without payment,[36] hawking revenue stamps,[37] and property damage — this last permits arrest for a past crime as well as one in progress.[34][38] In addition, the Criminal Law (Jurisdiction) Act 1976 schedules offences associated with the Troubles in Northern Ireland, and authorises anyone to arrest someone for committing or having committed such an offence, whether in the Republic of Ireland or Northern Ireland.[32][39] The 1976 act, and a similar Westminster act giving reciprocal extraterritorial jurisdiction, obviated the need for extradition between the jurisdictions, which would have been more controversial.[40]

If the arrester lacks reasonable cause to believe the arrested person to have committed the offence, the latter may sue the former for defamation, wrongful arrest, or trespass.[34] For most offences, a private individual can only make such an arrest if the suspect would otherwise evade arrest by a Garda, and the arrester must surrender the suspect to Garda custody as soon as practicable.[39][38][36][32] An exception is that stamp hawkers must be brought before the District Court.[37] Citizen's arrests are rare; most often they are made by store detectives on shoplifting suspects.[34]

Israel edit

An Israeli law allowing anyone to arrest a suspect whom they witnessed carrying out a felony was repealed in 1996 and replaced by a new law allowing 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. A citizen's arrest cannot be performed on persons whose identity is known or who are not suspected of fleeing.[41] The law can be used by both private individuals and private security.

Italy edit

Any private citizen can, according to article 383 of the Italian Code of Criminal Procedure, arrest another person, provided they are caught "in flagranza di reato" (In flagrante delicto) and the felony they are caught committing includes mandatory arrest from the police and is "perseguibile d'ufficio", meaning that the judicial authority, once received the "notitia criminis" (a crime report), has the duty to commence prosecution, without a party necessarily filing a complaint. The person making the arrest is legally required to hand to police the arrested person and the corpus delicti to the judicial authority, failure to do so could result in the person making the arrest committing a crime.[42]

Japan edit

In Japan, Section 213 of the Code of Criminal Procedure allows anyone from civilians to firefighters witnessing any crime in progress to make an arrest. This is called genkouhan (現行犯, meaning in flagrante delicto).[43] Most criminals who attempt to flee, or refuse to identify themselves, can be held until police arrive.[44] However, making a citizen's arrest to prevent petty crime (e.g. illegal assembly, accidental injury, accidental trespass, defamation of character, leaving a parking lot without paying)[45] is false imprisonment per Section 220 of the Criminal Code.[46]

Latvia edit

in Latvia gives a right to any person to apprehend someone in the act of committing a crime (in flagrante delicto) or fleeing from the crime scene, if punishment for the crime might be imprisonment. Also a person wanted by the police, for whom there is an arrest warrant, can be arrested by anyone at any time. A person stopping a criminal from committing a crime is not criminally responsible as long as the means employed are in proportion to the threat. The arrested person must be handed over to the police immediately.

CRIMINAL PROCEDURE LAW[47]
Section 265. Detention Procedures
(3) If there is a clear connection between a person and a committed criminal offence regarding which a punishment related to the deprivation of liberty may be applied, and such person is located at the location where the criminal offence was committed or flees from such site, or if a search for the person regarding the committing of such criminal offence has been announced, such person may be detained by anyone and shall immediately be transferred to the nearest police employee.

THE CRIMINAL LAW[48]Section 31. Detention Causing Personal Harm

  • (1) Detention causing personal harm is an act which is directed against such person as is committing or has committed a criminal offence. Criminal liability for this act shall not apply if the harm allowed to be effected to the person is not evidently disproportionate to the character of the offence, non-compliance or resistance.
  • (2) A person who, in carrying out detention, has violated conditions regarding the detention, shall be liable for violating such conditions.
  • (3) If the acts by which harm has been caused to the person to be detained have not been necessary for his or her arrest, liability on a general basis applies for the harm caused.
  • (4) The causing of harm to the detained person through negligence shall not be criminally punishable.

Malaysia edit

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:[49]

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:[50]

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.[51]

Mexico edit

Article 16 of the 1917 Constitution of Mexico allows any person to arrest a criminal found in flagrante delicto.[52] A non-police officer doing so must immediately bring them to the nearest civil authority. A person who fails to do so may be found guilty of illegal deprivation of liberty, a crime similar to kidnapping that can result in a prison sentence for the perpetrator. In 2006, the celebrity bounty hunter Duane 'Dog' Chapman was charged with unlawful deprivation of liberty for arresting an American fugitive in Mexico and attempting to take him across the border to California without consulting police.[53]

Nepal edit

Section 9(8) of The National Criminal Procedure (Code) Act, 2017 states : "If the police is not available for the time being at the time of commission of any offence, any person who is present at the time of commission of that offence or who is eye witness thereto may prevent the person committing such offence from going away or escaping and hand him or her over to the nearby police office."[54]

New Zealand edit

In New Zealand, some legal protection exists to those making a citizen's arrest as provided in the Crimes Act 1961 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 is not liable to any civil proceeding. Protection from criminal responsibility means those who make the arrest are not liable to any criminal proceedings. They are however liable for civil proceedings. The legislation is carefully worded and only applies to offences covered in the Crimes Act 1961, not other offences such as those covered in the Summary Offences Act 1981.[55]

Specifically, the Crimes Act 1961 states that everyone (not just New Zealand citizens) is justified in arresting without warrant:[56]

  • 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.[55][57]
  • 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 to prevent 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.[58] Similar legislation applies to suppressions of riots by members of the public.[59]
  • 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.[60]
  • The person making the arrest is entitled to perform a search on the suspect, provided (s)he is not working for the place of arrest (e.g. a security guard in a hospital).

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

Nigeria edit

The Administration of Criminal Justice Act (2015) allows private citizens to arrest a person who commits a criminal offense in their presence or a person who they reasonably suspect of having committed a crime for which a police officer would be legally entitled to arrest them without a warrant. Property owners are entitled to arrest those found damaging their private property and to authorize people working for them to arrest anyone damaging their property as well. Anyone damaging public property may be arrested by a private citizen. Private citizens who make arrests are legally obligated to immediately hand over the suspect to a police officer, or, in the absence of a police officer, to turn the suspect over to the nearest police station. After turning in the suspect, the private person who made the arrest must give a formal witness statement on the circumstances of the arrest.[61]

Norway edit

In Norway, pursuant to § 176 of the Criminal Procedure Act any person may arrest a suspect caught at the scene or pursued from it. The arrestee must be handed over to the police immediately.[62]

Peru edit

The Code of Criminal Procedure allows private citizens to arrest persons caught in flagrante delicto in the commission of a crime. Private citizens who make an arrest are obligated to immediately turn over the detainee to the police.[63][64]

Philippines edit

Although the Philippines does not have a national law covering citizen's arrest, the local government of Quezon City passed Ordinance 2307 or the "Citizen's Arrest Ordinance of Quezon City". Any citizens within the Quezon City area can arrest a person even without a warrant in the instances mentioned and provided by law.[65]

Poland edit

In Poland anyone has the right to apprehend a person caught in the act of committing an offence, or seized in a pursuit undertaken directly following the commission of an offence, if it is feared that such person may go into hiding or if his identity cannot be established. The apprehended person should be surrendered to the police without delay.[66]

Portugal edit

In Portugal one is not civilly liable for restraining another person as long as one has used proportional force in order to defend themselves or someone else or anyone's property, under Articles 336, 337 and 339 of the Portuguese Civil Code (self defense, necessity and alike), and as long as there is an impossibility to resort to law enforcement. The main requirement of proportionality is that one does not give way to property rights over personal rights, the latter prevailing at all costs. There is also an exception to the proportionality principle which applies when, even though the defensive violence was excessive, it was triggered by a legitimate fear of the offended.

With regards to the criminal aspects of the citizen's arrest, Article 255 of the Portuguese Code of Criminal Procedure gives any person the right to detain another in flagrante delicto if and only if the latter's conduct in question is punishable with imprisonment by law and the criminal procedure does not require private complaint, and no law enforcement authority is available in due time. The arrester must immediately bring the detainee into the custody of law enforcement.

Russia edit

In Russia, any person is allowed to arrest someone in the act of committing a crime pursuant to articles 37 and 38 of the Criminal Code of Russia and the Ruling of the Plenum of the Supreme Court of Russia of 27 September 2012 if the person performing the arrest is certain that the arrestee has committed a crime. The arrest must be carried out with applying as little force as required for the apprehension and the arrestee should be surrendered to the police without delay.[67]

Serbia edit

In Serbia anybody can arrest somebody in the act of committing a crime that the arrested would otherwise be pursued after in official capacity, provided that the police are notified.

Spain edit

In Spain, any person is allowed to arrest someone in the act of committing a crime or a fugitive as described in article 490 of the Criminal Code of Spain.

Sweden edit

In Sweden, any person may arrest someone in the act of committing a crime, or fleeing from the crime scene, if the crime committed is punishable by imprisonment. 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.[68]

Security guards and others working with preventing crime but are not police officers, have this law as justification to arrest thieves and other they encounter.

Switzerland edit

According to the Swiss Criminal Procedure Code § 218,[69] citizens have the right to arrest a person when there is insufficient time to obtain police assistance, provided that

  1. they have caught the person in the act of committing a felony or misdemeanour or they have encountered the person immediately after committing such an offence; or
  2. the public have been requested to assist in tracing of the person concerned.

When making an arrest, private individuals may only use force as a last resort and any force used must be reasonable. Arrested persons must be handed over to the police as quickly as possible.

Taiwan edit

An arrest without a warrant is explicitly forbidden by the Article 8 in the Constitution of the Republic of China, "except in case of flagrante delicto as provided by law", as shown below:

The Code of Criminal Procedure[70]
Article 88: Arrest without a Warrant

  • A person in flagrante delicto may be arrested without a warrant by any person.
  • A person in flagrante delicto is a person who is discovered in the act of committing an offense or immediately thereafter.
  • A person is considered to be in flagrante delicto under one of the following circumstances:
    • (1) One is pursued with cries that he is an offender;
    • (2) One is found in possession of a weapon, stolen property, or other items sufficient to warrant a suspicion that he is an offender or his body, clothes and the like show traces of the commission of an offense sufficient to warrant such suspicion.

However, the first additional circumstance, i.e. "pursued with cries" has been considered ambiguous in recent years, leading to many ongoing discussions and controversies of whether this would cause an infringement of the personal freedom.

Turkey edit

Turkish Criminal Procedure Code states:[71]

Article 90 – (1) In the instances listed below, any individual is entitled to make an arrest of another person temporarily without a warrant:

  • a) If the other person was seen committing an offense,
  • b) If the other person was under pursuit after committing an offense, if there is the possibility of escape of the person under pursuit after committing an offense or, if the establishment of his identity right away is not possible.

United Kingdom edit

England and Wales edit

A citizen's arrest can be lawfully carried out on any person under section 24A of the Police and Criminal Evidence Act 1984 for an indictable offence, including either way offences (in this section referred to simply as "an offence"), but with some exceptions listed below.

A few examples of indictable and either way offences are theft, criminal damage, burglary, assault occasioning actual bodily harm, possession of an offensive weapon in a public place, possession of a controlled substance.[72] Further examples of either-way offences are listed under Schedule 1 of the Magistrates Court Act 1980.[73] It is thus permissible for any person to arrest without warrant:[74]

  • 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

However, both of following two conditions must also be satisfied:[74]

  • it appears to the person making the arrest that it is not reasonably practicable for a police constable to make the arrest instead, and
  • the arrestor has reasonable grounds for believing that the arrest is necessary to prevent one or more of the following:
    • the person causing physical injury to themself or others,
    • the person suffering physical injury,
    • the person causing loss of or damage to property, or
    • the person absconding before a constable can assume responsibility for them

Where an arrest is made after an offence has been committed, the person who makes the arrest must actually know, not simply suspect that an offence has actually been committed. If it later turns out that an offence had not been committed, such an arrest would be unlawful.[75]

"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. This act creates the offence of an attempted offence, as long as the offence being attempted is an indictable. For this to apply, the offence must actually be in the process of being attempted—preparatory steps are not sufficient. Furthermore, the definition of what constitutes a "crime" was clarified in R v Jones (Margaret)[76] which stated under the S3 CLA1967 meaning, it was held to be any domestic crime in England/Wales. Kent Police have released a brief yet comprehensive guide 2018-11-23 at the Wayback Machine on reasonable force.[77]

A citizen's arrest cannot be made:

  • inside a polling station, on a person who commits or is suspected of committing an offence of personation (that is, pretending to be someone else in order to vote) in elections,[78] or
  • in relation to an offence of stirring up racial hatred or stirring up religious hatred under the Public Order Act 1986.[74]
  • by someone of their own husband, wife or civil partner for the offences of theft or criminal damage where they are the victim.[79]

Although a person cannot make a citizen's arrest before an offence takes place, they may use the power provided section 3 of the Criminal Law Act 1967 to use reasonable force for the prevention of crime.[80] This would not allow a citizen's arrest before an offence takes place in this sense but would allow any person to use reasonable force to prevent an offence from occurring; for example, restraining a suspected offender who raised a brick in their hand in order to imminently smash a window. A citizen's arrest is a form of lawful custody and anyone attempting to flee would commit the offence of escape from lawful custody. Similarly, a person who uses force to resists a citizen's arrest would commit the offence of assault with intent to resist arrest.

In addition to an arrest without a warrant, where an arrest warrant is issued by a court, the warrant may name people (other than police officers) who are able to use it to arrest the person against whom it has been issued.

Other powers edit

A citizen's arrest is a form of lawful custody and anyone attempting to flee may be guilty of attempting to escape from lawful custody. Furthermore, the offence of 'assault with intent to resist arrest or lawful apprehension or detainer of himself' may apply if the arrestee assaulted the arrestor under Section 38 of the Offences Against the Person Act 1861.[81] Both assault with intent to resist arrest/lawful apprehension and escaping from lawful custody are indictable, the former being so by the mode of trial of the offence, the latter is a common law offence and therefore indictable only. Therefore, these offences—whether fully carried out or merely attempted—are citizen's arrestable in themselves.

A citizen's arrest may also be made technically for a warrant for an arrest if the offence listed is indictable as there is no law prohibiting a re-citizen's arrest or the number of times they may be arrested for it nor is there a time limit.[citation needed] The warrant would satisfy the requirement for the arrester to have reasonable grounds to suspect the guilt of the arrestee. For example, if an offender failed to attend Crown Court this would satisfy two conditions for a lawful citizen's arrest at a later date – that the offence had taken place and that it was obviously indictable by way of being tried in Crown Court.[citation needed]

Although not technically citizen's arrest powers, any person also has the power to arrest for a common law breach of the peace which also provides any person with a power of entry. Section 3 Criminal Justice Act 1967 also provides any person the power to apprehend a person unlawfully at large e.g. an offender on a recall to prison or in the circumstances where someone has managed to escape from lawful custody.

Until 2006, there was an "any person" power of arrest under part of the Theft Act 1968 in England and Wales that related to poaching,[82] which was used by private water bailiffs (as opposed to Environment Agency 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.[83] 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, who "shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender".[84]

Under the Standing Orders of the House of Commons of the United Kingdom, the Serjeant at Arms has the power to take into custody any member of the public 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.[85]

Court security officers in England and Wales have the additional power to restrain and remove persons from court buildings under s53 Courts Act 2003 as well as powers of search and seizure of certain articles.[86]

See also edit

Power of arrest (England & Wales)

Northern Ireland edit

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)[87] as amended by the Police and Criminal Evidence (Amendment) (Northern Ireland) Order (SI 2007/288).[88]

Scotland edit

While no statutory provision for citizen's arrest exists in Scots law, there is a common law 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.[89]

United States of America edit

In the United States, a private person may arrest another without a warrant for a crime occurring in their presence. However, the crimes for which this is permitted vary by state.[90] This procedure was criticized in the state of Georgia for the potential of abuse and racial bias after the murder of Ahmaud Arbery. As a result, Georgia repealed its citizen's arrest law.[91]

Common law edit

Most states have codified the common law rule that a warrantless arrest may be made by a private person for a felony, misdemeanor, or "breach of peace".[92] "Breach of peace" covers a multitude of violations in which the Supreme Court has even included a misdemeanor seatbelt violation punishable only by a fine. The term historically included theft, "nightwalking", prostitution, and playing card and dice games.[93] Texas courts have defined and interpreted the term "breach of the peace" to mean an act that disturbs or threatens to disturb the tranquility enjoyed by the citizens.[94][95]

State statutes edit

Consider, for an example of this codification, California Penal Code section 837:

837. A private person may arrest another:

  1. For a public offense committed or attempted in his/her presence.
  2. When the person arrested has committed a felony, although not in his/her presence.
  3. When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested to have committed it.

"Public offense" is read similarly as breach of peace in this case and includes felonies, misdemeanors, and infractions.[96][97] There is generally no provision for an investigative detention by a private person under the law. With certain exceptions (see below), an arrest must be made. "Holding them until the police get there" is simply a form of arrest. The officer is accepting the arrest and processing the prisoner on behalf of the private person.[98]

In the case of felonies, a private person may make an arrest for a felony occurring outside their presence, but the rule is that a felony must have, in fact, been committed. For example, consider a suspect that has been seen on surveillance video vandalizing a building to the extent that the arrestor believes it rises to a felony due to the damage. If they find the suspect and make the arrest but it later turns out that it was misdemeanor damage, the arrestor is liable for false arrest because a felony had not, in fact, been committed.[citation needed]

Because most states have codified their arrest laws, there are many variations. For example, in Pennsylvania, the courts have been clear that a non-law enforcement officer cannot make an arrest for a "summary offense".[99] In North Carolina, there is no de jure "citizen's arrest". Although it is essentially the same, North Carolina law refers to it as a "detention".[100]

Other states seem to allow only arrests in cases of felonies, but court decisions have ruled more broadly. For example, in Virginia, the statute appears to only permit warrantless arrests by officers listed in the Code.[101] However, Virginia courts have upheld warrantless arrests by non-law enforcement personnel for breach of the peace misdemeanors.[102] Other non-police persons are granted arrest authority by statute, in the case of those who are state-certified, armed security officers: "A registered armed security officer of a private security services business while at a location which the business is contracted to protect shall have the power to effect an arrest for an offense occurring (i) in his presence on such premises or (ii) in the presence of a merchant, agent, or employee of the merchant the private security business has contracted to protect" and "For the purposes of § 19.2-74, a registered armed security officer of a private security services business shall be considered an arresting officer."

Use of force edit

In general, a private person is considered to be justified in using non-deadly force upon another if they reasonably believe that: (1) such other person is committing a felony, or a misdemeanor amounting to a breach of the peace; and (2) the force used is necessary to prevent further commission of the offense and to apprehend the offender. The force must be reasonable under the circumstances to restrain the individual arrested. This includes the nature of the offense and the amount of force required to overcome resistance.[103][104] In Texas, a civilian may use reasonable force, including deadly force if reasonable, to prevent an escape from a lawful citizen's arrest.[105][106]

Shopkeeper's (merchant's) privilege edit

In some states 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 fact committed, or attempted to commit, theft of store property. The purpose of this detention is to recover the property and make an arrest if the merchant desires.[107]

Differing liability from police edit

Private persons are occasionally granted immunity from civil or criminal liability, like the police are, when arresting others.[108] While the powers to arrest are similar, police are entitled to mistake of fact in most cases, while civilians can be held to a stricter liability depending on the individual state. Police can also detain anyone upon reasonable suspicion.[109] However, ordinary citizens cannot claim "qualified immunity" to attempt to defend against a civil complaint for false arrest.[110]

See also edit

References edit

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citizen, arrest, citizen, arrest, arrest, made, private, citizen, that, person, acting, sworn, enforcement, official, common, jurisdictions, practice, dates, back, medieval, england, english, common, which, sheriffs, encouraged, ordinary, citizens, help, appre. A citizen s arrest is an arrest made by a private citizen that is a person who is not acting as a sworn law enforcement official 1 In common law jurisdictions the practice dates back to medieval England and the English common law in which sheriffs encouraged ordinary citizens to help apprehend law breakers 2 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 country in which they are acting For example in England and Wales the power comes from Section 24A 2 of the Police and Criminal Evidence Act 1984 3 called any person arrest This legislation states any person has these powers and does not state that they need to be a British citizen Contents 1 Legal and political aspects 2 Laws by country 2 1 Australia 2 1 1 New South Wales 2 1 2 Queensland 2 1 3 South Australia 2 1 4 Tasmania 2 1 5 Victoria 2 1 6 Western Australia 2 1 7 The Territories 2 2 Austria 2 3 Brazil 2 4 Canada 2 4 1 Federal law 2 4 2 Provincial law 2 5 China 2 6 Denmark 2 7 Ethiopia 2 8 Finland 2 9 France 2 10 Germany 2 11 Hong Kong 2 12 Hungary 2 13 India 2 14 Iran 2 15 Ireland 2 16 Israel 2 17 Italy 2 18 Japan 2 19 Latvia 2 20 Malaysia 2 21 Mexico 2 22 Nepal 2 23 New Zealand 2 24 Nigeria 2 25 Norway 2 26 Peru 2 27 Philippines 2 28 Poland 2 29 Portugal 2 30 Russia 2 31 Serbia 2 32 Spain 2 33 Sweden 2 34 Switzerland 2 35 Taiwan 2 36 Turkey 2 37 United Kingdom 2 37 1 England and Wales 2 37 1 1 Other powers 3 See also 3 1 Northern Ireland 3 2 Scotland 3 3 United States of America 3 3 1 Common law 3 3 2 State statutes 3 3 3 Use of force 3 3 4 Shopkeeper s merchant s privilege 3 3 5 Differing liability from police 4 See also 5 ReferencesLegal and political aspects editAnyone who makes a citizen s arrest can find themselves facing possible lawsuits or criminal charges e g charges of false imprisonment unlawful restraint kidnapping or wrongful arrest if the wrong person is apprehended or a suspect s civil rights are violated 4 This is especially true when police forces are attempting to determine who an aggressor is Private citizens do not enjoy the same immunity from civil liability when making arrests on other private citizens as police officers do The level of responsibility that a person performing a citizen s arrest may bear depends on the jurisdiction For instance in France and Germany 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 In both countries this results from a different legal norm aid to others in immediate danger which is concerned with prevention not prosecution of crimes Laws by country editAustralia edit In Australia the power to arrest is granted by both federal and state legislation however the exact power granted differs depending on jurisdiction The power to arrest for a federal offence is granted by section 3Z of the Crimes Act 1914 5 Under the Act a person who is not a police constable may without warrant arrest another person if they believe on reasonable grounds that the other person is committing or has just committed an indictable 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 Generally speaking as regards 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 e g 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 New South Wales edit In the Australian state of New South Wales the power to arrest is granted to anyone who is not a police officer by section 100 of the Law Enforcement Powers and Responsibilities Act 2002 NSW 6 Under the Act a person may without a warrant 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 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 section 100 must as soon as is reasonably practicable take the person and any property found on the person before a magistrate to be dealt with according to law The magistrate will also decide whether or not the force applied in making the arrest was reasonable under the circumstances According to the Law Society of New South Wales the arresting person should 7 inform the person that they are under arrest and inform the person of the reasons for the arrest 8 failed verification Queensland edit In the Australian state of Queensland the power to arrest is granted by section 546 of Schedule 1 to the Criminal Code Act 1899 Qld 9 Under the Act any person who finds another committing an offence may without warrant 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 Section 260 of the Act also provides a power to arrest in preventing a breach of the 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 Following the arrest the person arrested must without delay be handed over to a justice of the peace or police officer in accordance with section 552 of the Criminal Code Legal advice should then be sought to avoid any possible legal action for wrongful arrest false imprisonment or assault 10 South Australia edit Section 271 of the Criminal Law Consolidation Act 1935 SA grants arrest powers to a person in South Australia 11 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 edit Under the Police Offences Act 1935 Tas 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 Victoria edit In the Australian state of Victoria the power to arrest is granted in section 458 of the Crimes Act 1958 Vic 12 It states that a person may without a warrant 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 the offender is escaping legal custody Section 461 states that if an arrest is made under section 458 of the Crimes Act and is later proven to be false then the arrest itself will not be considered unlawful if it was made 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 Western Australia edit It was only in 2004 that the Western Australian parliament repealed the 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 Citizen s arrest powers are now in section 25 of the Criminal Investigation Act 2006 WA The Territories edit Northern Territory Under section 441 2 of the Criminal Code of the Northern Territory any person can arrest another whom s he 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 See the Crimes Act 1900 ACT section 218 which permits a citizen s arrest Austria edit In Austria citizen s arrests Anhalterecht Privater can be made under 80 Abs 2 StPO code of penal procedures 13 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 Brazil edit In Brazil a Federal law 14 allows any person to arrest a suspect criminal found in flagrante delicto 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 s he 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 edit Federal law edit Canada s blanket arrest authorities for crimes or violations of federal statutes are found in the Criminal Code In Canada a criminal offence is any offence that is created by a federal statute there are no provincial crimes Criminal offences are divided into three groups indictable dual procedure and summary conviction For the purposes of arrest dual procedure offences are considered to be indictable The Criminal Code provisions related to citizen arrests 15 were changed in 2012 by the Citizen s Arrest and Self defence Act 16 As a consequence it is now possible to make a citizen s arrest in Canada in circumstances where a reasonable amount of time has lapsed between the commission of a property related offence and the arrest 17 CRIMINAL CODE 18 Arrest without warrant by any person 494 1 Any one may arrest without warrant 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 Arrest by owner etc of property 2 The owner or a person in lawful possession of property or a person authorized by the owner or by a person in lawful possession of property may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and a they make the arrest at that time or b they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest Delivery to peace officer 3 Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer For greater certainty 4 For greater certainty a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25 Provincial law edit There are several arrest authorities found through the various provincial statutes The most notable citizen s arrest authority in Ontario is found in the Trespass to Property Act but there are others found in the Highway Traffic Act the Liquor Licence Act and many others TRESPASS TO PROPERTY ACT 19 Arrest without warrant on premises9 1 A police officer or the occupier of premises or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2 Delivery to police officer 2 Where the person who makes an arrest under subsection 1 is not a police officer he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer China edit Chinese criminal procedure law 20 empowers any citizen to make citizen s arrest Article 82 Under any of the following circumstances a person may be immediately taken by any citizen to a public security authority a people s procuratorate or a people s court for handling 1 the person is committing a crime or is discovered immediately after committing a crime 2 the person is wanted 3 the person has escaped from incarceration and 4 the person is being pursued for capture Denmark edit In Denmark pursuant to 755 2 of the Administration of Justice Act anyone may arrest a person caught in the act of committing a crime or in direct connection to a crime if the criminal act is subject to public prosecution The arrestee must as soon as possible be turned over to the police with information about the time of and reasons for the arrest 21 Ethiopia edit In Ethiopia any private person may arrest without warrant a person who has committed a flagrant offence as defined in Art 19 and 20 of the Criminal Procedure Code where the offence is punishable with simple imprisonment for not less than three months 22 In addition where the police call for assistance in making an arrest with or without warrant there shall be a duty to assist where assistance can be given without risk 23 The Criminal Procedure Code also provides that where an arrest is made the person making the arrest shall without unnecessary delay hand over the person so arrested to the nearest police station 24 Finland edit In Finland Coercive Measures Act 22 7 2011 806 gives a right to apprehend someone in the act of committing a crime in flagrante delicto or fleeing from the crime scene if punishment for the crime might be imprisonment or the crime is petty assault petty theft petty embezzlement petty unauthorized use petty stealing of a motor vehicle for temporary use petty damage to property or petty fraud A person wanted by the police arrest warrant can be apprehended by anyone After the apprehension the detainee must be handed over to the police 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 edit French law allows any civilian to arrest a person caught in flagrante delicto committing a felony or misdemeanor punishable by a jail sentence with the obligation to immediately bring that person before the nearest officer of the police judiciaire 25 In modern practice one would detain the perpetrator and immediately call the nearest police then hand over the perpetrator and any evidence to the first police officers to arrive at the scene Use of force is not authorised Germany edit Citizen s arrests in German Jedermann Anhalte und Festnahmerecht can be made under 127 I 1 StPO code of penal procedures if the arrestee is caught in flagrante delicto and either the identity of the person cannot be otherwise established immediately or they are suspected to try to flee 26 The person making the arrest is allowed to hold the arrestee solely for the purpose of turning them 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 The use of force is authorized but the force must be proportional verhaltnismassig to the circumstances and the suspected crime 27 Hong Kong edit Main article Citizen s arrest in Hong Kong Citizen s arrest is known as the 101 power Under the Criminal Procedure Ordinance cap 221 of the Laws of Hong Kong section 101 2 provides that Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence using force as is reasonable and proportionate in the circumstances 28 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 29 Hungary edit According to article 273 of Act XC of 2017 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 30 India edit Section 43 of the Code of Criminal Procedure 1973 states that 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 If there is a reason to believe that such person comes under the provisions of Sec 41 a police officer shall re arrest him If there is a reason to believe that he has committed a non cognizable offence and he refuses on the demand of the police officer to give his name and residence or gives name or residence which such officer has a reason to believe to be false he shall be dealt with under the provisions of Sec 42 but if there is no sufficient reason to believe that he has committed any offence he shall at once be released According to this section any private person may arrest or cause to be arrested A person committing a non bailable and cognizable offence in his presence orAny proclaimed offender he shall without unnecessary delay take such person over to a police officer or to the nearest police station Iran edit The Code of Criminal Procedure allows private citizens to detain those suspected of crimes in order to prevent their escape so long as the crime in question is on the list of crimes subjected to citizens arrest the crime is evident and law enforcement is absent from the scene 31 Ireland edit The term citizen s arrest is colloquially used for arrest without an arrest warrant made by someone other than a member of the Garda Siochana 32 Despite the colloquial name non Irish citizens have performed such arrests 33 The law of the Republic of Ireland being derived from English law inherited the common law power for private individuals to arrest for felony or breach of the peace 32 The Criminal Law Act 1997 abolished the common law distinction between felonies and misdemeanours and instead distinguishes arrestable and non arrestable offences arrestable offences are those punishable by at least five years imprisonment and private individuals may arrest those in flagrante having committed or about to commit an arrestable offence 34 32 35 Several other statutes which define offences likewise state any person may arrest someone committing the offence relevant offences include making off without payment 36 hawking revenue stamps 37 and property damage this last permits arrest for a past crime as well as one in progress 34 38 In addition the Criminal Law Jurisdiction Act 1976 schedules offences associated with the Troubles in Northern Ireland and authorises anyone to arrest someone for committing or having committed such an offence whether in the Republic of Ireland or Northern Ireland 32 39 The 1976 act and a similar Westminster act giving reciprocal extraterritorial jurisdiction obviated the need for extradition between the jurisdictions which would have been more controversial 40 If the arrester lacks reasonable cause to believe the arrested person to have committed the offence the latter may sue the former for defamation wrongful arrest or trespass 34 For most offences a private individual can only make such an arrest if the suspect would otherwise evade arrest by a Garda and the arrester must surrender the suspect to Garda custody as soon as practicable 39 38 36 32 An exception is that stamp hawkers must be brought before the District Court 37 Citizen s arrests are rare most often they are made by store detectives on shoplifting suspects 34 Israel edit nbsp Hebrew Wikisource has original text related to this article חוק סדר הדין הפלילי סמכויות אכיפה מעצרים An Israeli law allowing anyone to arrest a suspect whom they witnessed carrying out a felony was repealed in 1996 and replaced by a new law allowing 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 A citizen s arrest cannot be performed on persons whose identity is known or who are not suspected of fleeing 41 The law can be used by both private individuals and private security Italy edit Any private citizen can according to article 383 of the Italian Code of Criminal Procedure arrest another person provided they are caught in flagranza di reato In flagrante delicto and the felony they are caught committing includes mandatory arrest from the police and is perseguibile d ufficio meaning that the judicial authority once received the notitia criminis a crime report has the duty to commence prosecution without a party necessarily filing a complaint The person making the arrest is legally required to hand to police the arrested person and the corpus delicti to the judicial authority failure to do so could result in the person making the arrest committing a crime 42 Japan edit In Japan Section 213 of the Code of Criminal Procedure allows anyone from civilians to firefighters witnessing any crime in progress to make an arrest This is called genkouhan 現行犯 meaning in flagrante delicto 43 Most criminals who attempt to flee or refuse to identify themselves can be held until police arrive 44 However making a citizen s arrest to prevent petty crime e g illegal assembly accidental injury accidental trespass defamation of character leaving a parking lot without paying 45 is false imprisonment per Section 220 of the Criminal Code 46 Latvia edit Criminal Procedure Law in Latvia gives a right to any person to apprehend someone in the act of committing a crime in flagrante delicto or fleeing from the crime scene if punishment for the crime might be imprisonment Also a person wanted by the police for whom there is an arrest warrant can be arrested by anyone at any time A person stopping a criminal from committing a crime is not criminally responsible as long as the means employed are in proportion to the threat The arrested person must be handed over to the police immediately CRIMINAL PROCEDURE LAW 47 Section 265 Detention Procedures 3 If there is a clear connection between a person and a committed criminal offence regarding which a punishment related to the deprivation of liberty may be applied and such person is located at the location where the criminal offence was committed or flees from such site or if a search for the person regarding the committing of such criminal offence has been announced such person may be detained by anyone and shall immediately be transferred to the nearest police employee THE CRIMINAL LAW 48 Section 31 Detention Causing Personal Harm 1 Detention causing personal harm is an act which is directed against such person as is committing or has committed a criminal offence Criminal liability for this act shall not apply if the harm allowed to be effected to the person is not evidently disproportionate to the character of the offence non compliance or resistance 2 A person who in carrying out detention has violated conditions regarding the detention shall be liable for violating such conditions 3 If the acts by which harm has been caused to the person to be detained have not been necessary for his or her arrest liability on a general basis applies for the harm caused 4 The causing of harm to the detained person through negligence shall not be criminally punishable Malaysia edit 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 49 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 50 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 51 Mexico edit Article 16 of the 1917 Constitution of Mexico allows any person to arrest a criminal found in flagrante delicto 52 A non police officer doing so must immediately bring them to the nearest civil authority A person who fails to do so may be found guilty of illegal deprivation of liberty a crime similar to kidnapping that can result in a prison sentence for the perpetrator In 2006 the celebrity bounty hunter Duane Dog Chapman was charged with unlawful deprivation of liberty for arresting an American fugitive in Mexico and attempting to take him across the border to California without consulting police 53 Nepal edit Section 9 8 of The National Criminal Procedure Code Act 2017 states If the police is not available for the time being at the time of commission of any offence any person who is present at the time of commission of that offence or who is eye witness thereto may prevent the person committing such offence from going away or escaping and hand him or her over to the nearby police office 54 New Zealand edit In New Zealand some legal protection exists to those making a citizen s arrest as provided in the Crimes Act 1961 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 is not liable to any civil proceeding Protection from criminal responsibility means those who make the arrest are not liable to any criminal proceedings They are however liable for civil proceedings The legislation is carefully worded and only applies to offences covered in the Crimes Act 1961 not other offences such as those covered in the Summary Offences Act 1981 55 Specifically the Crimes Act 1961 states that everyone not just New Zealand citizens is justified in arresting without warrant 56 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 55 57 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 to prevent 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 58 Similar legislation applies to suppressions of riots by members of the public 59 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 60 The person making the arrest is entitled to perform a search on the suspect provided s he is not working for the place of arrest e g a security guard in a hospital In all cases a person making a citizens arrest must hand over the suspect to a police officer at the earliest possible time Nigeria edit The Administration of Criminal Justice Act 2015 allows private citizens to arrest a person who commits a criminal offense in their presence or a person who they reasonably suspect of having committed a crime for which a police officer would be legally entitled to arrest them without a warrant Property owners are entitled to arrest those found damaging their private property and to authorize people working for them to arrest anyone damaging their property as well Anyone damaging public property may be arrested by a private citizen Private citizens who make arrests are legally obligated to immediately hand over the suspect to a police officer or in the absence of a police officer to turn the suspect over to the nearest police station After turning in the suspect the private person who made the arrest must give a formal witness statement on the circumstances of the arrest 61 Norway edit In Norway pursuant to 176 of the Criminal Procedure Act any person may arrest a suspect caught at the scene or pursued from it The arrestee must be handed over to the police immediately 62 Peru edit The Code of Criminal Procedure allows private citizens to arrest persons caught in flagrante delicto in the commission of a crime Private citizens who make an arrest are obligated to immediately turn over the detainee to the police 63 64 Philippines edit Although the Philippines does not have a national law covering citizen s arrest the local government of Quezon City passed Ordinance 2307 or the Citizen s Arrest Ordinance of Quezon City Any citizens within the Quezon City area can arrest a person even without a warrant in the instances mentioned and provided by law 65 Poland edit In Poland anyone has the right to apprehend a person caught in the act of committing an offence or seized in a pursuit undertaken directly following the commission of an offence if it is feared that such person may go into hiding or if his identity cannot be established The apprehended person should be surrendered to the police without delay 66 Portugal edit In Portugal one is not civilly liable for restraining another person as long as one has used proportional force in order to defend themselves or someone else or anyone s property under Articles 336 337 and 339 of the Portuguese Civil Code self defense necessity and alike and as long as there is an impossibility to resort to law enforcement The main requirement of proportionality is that one does not give way to property rights over personal rights the latter prevailing at all costs There is also an exception to the proportionality principle which applies when even though the defensive violence was excessive it was triggered by a legitimate fear of the offended With regards to the criminal aspects of the citizen s arrest Article 255 of the Portuguese Code of Criminal Procedure gives any person the right to detain another in flagrante delicto if and only if the latter s conduct in question is punishable with imprisonment by law and the criminal procedure does not require private complaint and no law enforcement authority is available in due time The arrester must immediately bring the detainee into the custody of law enforcement Russia edit In Russia any person is allowed to arrest someone in the act of committing a crime pursuant to articles 37 and 38 of the Criminal Code of Russia and the Ruling of the Plenum of the Supreme Court of Russia of 27 September 2012 if the person performing the arrest is certain that the arrestee has committed a crime The arrest must be carried out with applying as little force as required for the apprehension and the arrestee should be surrendered to the police without delay 67 Serbia edit In Serbia anybody can arrest somebody in the act of committing a crime that the arrested would otherwise be pursued after in official capacity provided that the police are notified Spain edit In Spain any person is allowed to arrest someone in the act of committing a crime or a fugitive as described in article 490 of the Criminal Code of Spain Sweden edit In Sweden any person may arrest someone in the act of committing a crime or fleeing from the crime scene if the crime committed is punishable by imprisonment 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 68 Security guards and others working with preventing crime but are not police officers have this law as justification to arrest thieves and other they encounter Switzerland edit According to the Swiss Criminal Procedure Code 218 69 citizens have the right to arrest a person when there is insufficient time to obtain police assistance provided that they have caught the person in the act of committing a felony or misdemeanour or they have encountered the person immediately after committing such an offence orthe public have been requested to assist in tracing of the person concerned When making an arrest private individuals may only use force as a last resort and any force used must be reasonable Arrested persons must be handed over to the police as quickly as possible Taiwan edit An arrest without a warrant is explicitly forbidden by the Article 8 in the Constitution of the Republic of China except in case of flagrante delicto as provided by law as shown below The Code of Criminal Procedure 70 Article 88 Arrest without a Warrant A person in flagrante delicto may be arrested without a warrant by any person A person in flagrante delicto is a person who is discovered in the act of committing an offense or immediately thereafter A person is considered to be in flagrante delicto under one of the following circumstances 1 One is pursued with cries that he is an offender 2 One is found in possession of a weapon stolen property or other items sufficient to warrant a suspicion that he is an offender or his body clothes and the like show traces of the commission of an offense sufficient to warrant such suspicion However the first additional circumstance i e pursued with cries has been considered ambiguous in recent years leading to many ongoing discussions and controversies of whether this would cause an infringement of the personal freedom Turkey edit Turkish Criminal Procedure Code states 71 Article 90 1 In the instances listed below any individual is entitled to make an arrest of another person temporarily without a warrant a If the other person was seen committing an offense b If the other person was under pursuit after committing an offense if there is the possibility of escape of the person under pursuit after committing an offense or if the establishment of his identity right away is not possible United Kingdom edit England and Wales edit A citizen s arrest can be lawfully carried out on any person under section 24A of the Police and Criminal Evidence Act 1984 for an indictable offence including either way offences in this section referred to simply as an offence but with some exceptions listed below A few examples of indictable and either way offences are theft criminal damage burglary assault occasioning actual bodily harm possession of an offensive weapon in a public place possession of a controlled substance 72 Further examples of either way offences are listed under Schedule 1 of the Magistrates Court Act 1980 73 It is thus permissible for any person to arrest without warrant 74 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 itHowever both of following two conditions must also be satisfied 74 it appears to the person making the arrest that it is not reasonably practicable for a police constable to make the arrest instead and the arrestor has reasonable grounds for believing that the arrest is necessary to prevent one or more of the following the person causing physical injury to themself or others the person suffering physical injury the person causing loss of or damage to property or the person absconding before a constable can assume responsibility for themWhere an arrest is made after an offence has been committed the person who makes the arrest must actually know not simply suspect that an offence has actually been committed If it later turns out that an offence had not been committed such an arrest would be unlawful 75 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 This act creates the offence of an attempted offence as long as the offence being attempted is an indictable For this to apply the offence must actually be in the process of being attempted preparatory steps are not sufficient Furthermore the definition of what constitutes a crime was clarified in R v Jones Margaret 76 which stated under the S3 CLA1967 meaning it was held to be any domestic crime in England Wales Kent Police have released a brief yet comprehensive guide Archived 2018 11 23 at the Wayback Machine on reasonable force 77 A citizen s arrest cannot be made inside a polling station on a person who commits or is suspected of committing an offence of personation that is pretending to be someone else in order to vote in elections 78 or in relation to an offence of stirring up racial hatred or stirring up religious hatred under the Public Order Act 1986 74 by someone of their own husband wife or civil partner for the offences of theft or criminal damage where they are the victim 79 Although a person cannot make a citizen s arrest before an offence takes place they may use the power provided section 3 of the Criminal Law Act 1967 to use reasonable force for the prevention of crime 80 This would not allow a citizen s arrest before an offence takes place in this sense but would allow any person to use reasonable force to prevent an offence from occurring for example restraining a suspected offender who raised a brick in their hand in order to imminently smash a window A citizen s arrest is a form of lawful custody and anyone attempting to flee would commit the offence of escape from lawful custody Similarly a person who uses force to resists a citizen s arrest would commit the offence of assault with intent to resist arrest In addition to an arrest without a warrant where an arrest warrant is issued by a court the warrant may name people other than police officers who are able to use it to arrest the person against whom it has been issued Other powers edit A citizen s arrest is a form of lawful custody and anyone attempting to flee may be guilty of attempting to escape from lawful custody Furthermore the offence of assault with intent to resist arrest or lawful apprehension or detainer of himself may apply if the arrestee assaulted the arrestor under Section 38 of the Offences Against the Person Act 1861 81 Both assault with intent to resist arrest lawful apprehension and escaping from lawful custody are indictable the former being so by the mode of trial of the offence the latter is a common law offence and therefore indictable only Therefore these offences whether fully carried out or merely attempted are citizen s arrestable in themselves A citizen s arrest may also be made technically for a warrant for an arrest if the offence listed is indictable as there is no law prohibiting a re citizen s arrest or the number of times they may be arrested for it nor is there a time limit citation needed The warrant would satisfy the requirement for the arrester to have reasonable grounds to suspect the guilt of the arrestee For example if an offender failed to attend Crown Court this would satisfy two conditions for a lawful citizen s arrest at a later date that the offence had taken place and that it was obviously indictable by way of being tried in Crown Court citation needed Although not technically citizen s arrest powers any person also has the power to arrest for a common law breach of the peace which also provides any person with a power of entry Section 3 Criminal Justice Act 1967 also provides any person the power to apprehend a person unlawfully at large e g an offender on a recall to prison or in the circumstances where someone has managed to escape from lawful custody See also Breach of the peace England Wales and Northern Ireland Until 2006 there was an any person power of arrest under part of the Theft Act 1968 in England and Wales that related to poaching 82 which was used by private water bailiffs as opposed to Environment Agency 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 83 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 who shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender 84 Under the Standing Orders of the House of Commons of the United Kingdom the Serjeant at Arms has the power to take into custody any member of the public 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 85 Court security officers in England and Wales have the additional power to restrain and remove persons from court buildings under s53 Courts Act 2003 as well as powers of search and seizure of certain articles 86 See also Power of arrest United KingdomSee also editPower of arrest England amp Wales Northern Ireland edit 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 87 as amended by the Police and Criminal Evidence Amendment Northern Ireland Order SI 2007 288 88 Scotland edit This section needs additional citations for verification Please help improve this article by adding citations to reliable sources in this section Unsourced material may be challenged and removed Find sources Citizen s arrest news newspapers books scholar JSTOR March 2020 Learn how and when to remove this template message While no statutory provision for citizen s arrest exists in Scots law there is a common law 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 89 United States of America edit In the United States a private person may arrest another without a warrant for a crime occurring in their presence However the crimes for which this is permitted vary by state 90 This procedure was criticized in the state of Georgia for the potential of abuse and racial bias after the murder of Ahmaud Arbery As a result Georgia repealed its citizen s arrest law 91 Common law edit Most states have codified the common law rule that a warrantless arrest may be made by a private person for a felony misdemeanor or breach of peace 92 Breach of peace covers a multitude of violations in which the Supreme Court has even included a misdemeanor seatbelt violation punishable only by a fine The term historically included theft nightwalking prostitution and playing card and dice games 93 Texas courts have defined and interpreted the term breach of the peace to mean an act that disturbs or threatens to disturb the tranquility enjoyed by the citizens 94 95 State statutes edit Consider for an example of this codification California Penal Code section 837 837 A private person may arrest another For a public offense committed or attempted in his her presence When the person arrested has committed a felony although not in his her presence When a felony has been in fact committed and he or she has reasonable cause for believing the person arrested to have committed it Public offense is read similarly as breach of peace in this case and includes felonies misdemeanors and infractions 96 97 There is generally no provision for an investigative detention by a private person under the law With certain exceptions see below an arrest must be made Holding them until the police get there is simply a form of arrest The officer is accepting the arrest and processing the prisoner on behalf of the private person 98 In the case of felonies a private person may make an arrest for a felony occurring outside their presence but the rule is that a felony must have in fact been committed For example consider a suspect that has been seen on surveillance video vandalizing a building to the extent that the arrestor believes it rises to a felony due to the damage If they find the suspect and make the arrest but it later turns out that it was misdemeanor damage the arrestor is liable for false arrest because a felony had not in fact been committed citation needed Because most states have codified their arrest laws there are many variations For example in Pennsylvania the courts have been clear that a non law enforcement officer cannot make an arrest for a summary offense 99 In North Carolina there is no de jure citizen s arrest Although it is essentially the same North Carolina law refers to it as a detention 100 Other states seem to allow only arrests in cases of felonies but court decisions have ruled more broadly For example in Virginia the statute appears to only permit warrantless arrests by officers listed in the Code 101 However Virginia courts have upheld warrantless arrests by non law enforcement personnel for breach of the peace misdemeanors 102 Other non police persons are granted arrest authority by statute in the case of those who are state certified armed security officers A registered armed security officer of a private security services business while at a location which the business is contracted to protect shall have the power to effect an arrest for an offense occurring i in his presence on such premises or ii in the presence of a merchant agent or employee of the merchant the private security business has contracted to protect and For the purposes of 19 2 74 a registered armed security officer of a private security services business shall be considered an arresting officer Use of force edit In general a private person is considered to be justified in using non deadly force upon another if they reasonably believe that 1 such other person is committing a felony or a misdemeanor amounting to a breach of the peace and 2 the force used is necessary to prevent further commission of the offense and to apprehend the offender The force must be reasonable under the circumstances to restrain the individual arrested This includes the nature of the offense and the amount of force required to overcome resistance 103 104 In Texas a civilian may use reasonable force including deadly force if reasonable to prevent an escape from a lawful citizen s arrest 105 106 Shopkeeper s merchant s privilege edit In some states 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 fact committed or attempted to commit theft of store property The purpose of this detention is to recover the property and make an arrest if the merchant desires 107 Differing liability from police edit Private persons are occasionally granted immunity from civil or criminal liability like the police are when arresting others 108 While the powers to arrest are similar police are entitled to mistake of fact in most cases while civilians can be held to a stricter liability depending on the individual state Police can also detain anyone upon reasonable suspicion 109 However ordinary citizens cannot claim qualified immunity to attempt to defend against a civil complaint for false arrest 110 See also editR v Asante Mensah Shopkeeper s privilege Individuals with powers of arrest Powers of the police in England and Wales Breach of the peace England Wales Neighborhood watch Hue and cryReferences edit HUDSON v COMMONWEALTH Record No 022703 September 12 2003 VA Supreme Court FindLaw FindLaw 2009 Retrieved 20 April 2014 Robbins Ira P Vilifying the Vigilante A Narrowed Scope of Citizen s Arrest Cornell Journal of Law and Public Policy 25 Police and Criminal Evidence Act 1984 The National Archives UK 16 August 2011 Retrieved 20 April 2014 REGINA V SELF CACD 25 FEB 1992 SWARB CO UK Retrieved 2 December 2015 ComLaw Home PDF Commonwealth of Australia 1 October 2012 Retrieved 20 April 2014 Police powers Legal Aid NSW NSW Government 15 November 2013 Retrieved 20 April 2014 Homepage Law Society of NSW The Law Society of New South Wales 2009 Retrieved 20 April 2014 Law Society of New South Wales Under arrest Law Society of New South Wales Archived from the original on 20 February 2014 Retrieved 20 April 2014 Criminal Code Act 1899 CriminCode pdf PDF Government of Queensland Australia 27 November 2013 Retrieved 20 April 2014 Personal safety Legal Aid Queensland Retrieved 6 October 2020 South Australia Criminal Law Consolidation Act 1935 Section 271 Australasian Legal Information Institute 1 January 2014 Retrieved 20 April 2014 Crimes Act 1958 Australasian Legal Information Institute 20 April 2014 Retrieved 20 April 2014 RIS Strafprozessordnung 1975 80 Bundesrecht konsolidiert Art 301 do Codigo Processo Penal Decreto Lei 3689 41 in Portuguese Jusbrasil com br Retrieved 30 April 2013 See also What You Need to Know About Making a Citizen s Arrest Canada Citizen s Arrest and Self defence Act Laws lois justice gc ca Retrieved 22 October 2013 Backgrounder Citizen s Power of Arrest and Self Defence and Defence of Property Justice gc ca Archived from the original on 23 October 2013 Retrieved 22 October 2013 Criminal Code R S C 1985 c C 46 Justice Laws Website 11 August 2016 Archived from the original on 28 February 2012 Trespass to Property Act R S O 1990 c T 21 24 July 2014 Criminal Procedure Law of the People s Republic of China 2012 Amendment Archived from the original on September 7 2015 Retsplejeloven Bekendtgorelse af lov om rettens pleje in Dansk Danish English Administration of Justice Act Act on Administration of Justice retsinformation dk retsinformation dk 24 October 2012 Retrieved 20 April 2014 Criminal Procedure Code of Ethiopia Proclamation no 185 1961 Art 50 https lawethiopia com index php volume 3 131 legislations codes 379 criminal procedure code Criminal Procedure Code of Ethiopia Proclamation no 185 1961 Art 57 Criminal Procedure Code of Ethiopia Proclamation no 185 1961 Art 50 Republique francaise Secretariat general du gouvernement 19 October 2022 Legifrance Le service public de la diffusion du droit The public service for dissemination of the law Legifrance Direction de l information legale et administrative CPP art 73 ISSN 2270 8987 OCLC 867599055 127 StPO code of penal procedures Germany Heinrich Bernd Reinbacher Tobias 2020 10 01 Examinatorium Strafprozessrecht Arbeitsblatt Nr 22 Vorlaufige Festnahme 127 StPO PDF Universitat Wurzburg Juristische Fakultat in German Retrieved 2022 08 09 Da die Freiheitsberaubung einen schweren Grundrechtseingriff darstellt ist wiederum als ungeschriebene Voraussetzung der Verhaltnismassigkeitsgrund satz zu beachten Reply by the Secretary for Justice Mr Rimsky Yuen SC in the Legislative Council news gov hk Criminal Procedure Ordinance Hong Kong Chapter 221 Section 101 2017 evi XC Torveny a buntetoeljarasrol Hatalyos Jogszabalyok Gyujtemenye Mehra Nasrin Jahani Behzad March 20 2016 Citizen s Arrest in Legal System of Iran and England Journal of Criminal Law Research 4 14 35 58 doi 10 22054 jclr 2016 3953 via jclr atu ac ir a b c d e Department of Justice Equality and Law Reform Citizen s Arrests Dail Eireann Written answers KildareStreet com 29 September 2005 Retrieved 11 March 2018 Addict battled with tourist after bid to steal ring Independent ie Irish Independent 20 September 2002 Retrieved 11 March 2018 American tourist Michael Lacey carried out a citizen s arrest a b c d Owen Nora 26 November 1996 Criminal Law Bill 1996 Section 4 Select Committee on Legislation and Security proceedings Oireachtas p 4 Retrieved 11 March 2018 Criminal Law Act 1997 2 4 Revised Acts Dublin Law Reform Commission 30 June 2016 Retrieved 11 March 2018 a b Criminal Justice Theft and Fraud Offences Act 2001 Section 8 Irish Statute Book Retrieved 12 March 2018 a b Stamp Duties Consolidation Act 1999 Section 149 Irish Statute Book Retrieved 12 March 2018 a b Criminal Damage Act 1991 Section 12 Revised Acts Dublin Law Reform Commission Retrieved 11 March 2018 a b Criminal Law Jurisdiction Act 1976 Section 19 Irish Statute Book Retrieved 11 March 2018 Cunningham Michael 10 August 2001 British Government Policy in Northern Ireland 1969 2000 Manchester University Press p 26 ISBN 9780719057670 Retrieved 11 March 2018 חוק סדר הדין הפלילי סמכויות אכיפה מעצרים תשנ ו 1996 www nevo co il Art 383 Codice di Procedura Penale Brocardi it wikibooks ja 刑事訴訟法第213条 wikibooks ja 刑事訴訟法第217条 現行犯逮捕 Tanteisha net Retrieved 30 April 2013 wikibooks ja 刑事訴訟法第220条 Archived copy Archived from the original on 2013 01 30 Retrieved 2013 07 22 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link The Criminal Law Archived 2012 03 14 at the Wayback Machine Criminal Procedure Code Act 593 27 2 permanent dead link Criminal Procedure Code Act 593 27 5 permanent dead link Criminal Procedure Code Act 593 2 1 permanent dead link Constitution of Mexico Article 16 Archived 3 March 2007 at the Wayback Machine Duane Dog Chapman Says Feds Sold Him Out to Mexico in Exchange for Drug Lord Fox News 19 September 2006 Retrieved 27 May 2014 Criminal procedure code moljpa gov np a b Citizen s Arrest and Self defence Neighbourhood Support New Zealand Archived from the original PDF on 4 June 2010 Retrieved 8 October 2010 Crimes Act 1961 Section 35 amp 36 Crimes Act 1961 Section 34 Crimes Act 1961 Section 42 Crimes Act 1961 Section 43 Crimes Act 1961 Section 38 Administration of Criminal Justice Act 2015 PDF Lov om rettergangsmaten i straffesaker Straffeprosessloven Kap 14 Pagripelse og fengsling Lovdata in Norwegian 22 May 1981 Retrieved 17 September 2023 Peru New Provisions on Police Detention and on Crimes Discovered in Flagrante Library of Congress Washington D C 20540 USA Peru enacts citizen s arrest law News from Peru Peruvian Times June 10 2009 ABS CBN News 1 November 2014 QC ordinance allows citizen s arrest Archived from the original on 2021 12 12 via YouTube Polish Code of Criminal Procedure Act of 6 June 1997 Article 243 Postanovlenie Plenuma VS RF o primenenii sudami zakonodatelstva o neobhodimoj oborone i prichinenii vreda pri zaderzhanii lica sovershivshego prestuplenie Rossijskaya gazeta in Russian Retrieved 22 February 2020 The Swedish Code of Criminal Procedure Ch 24 Sect 7 PDF 1 January 1999 Archived PDF from the original on 2019 08 31 Retrieved 8 January 2021 Swiss Criminal Procedure Code 218 Error Message Laws amp Regulations Database of the Republic of China Taiwan Turkish Criminal Procedure Code Offence classifications gov uk https www legislation gov uk ukpga 1980 43 schedule 1 a b c section 24A Police and Criminal Evidence Act 1984 legislation gov uk Retrieved 9 May 2020 R v Self 1992 3 All ER 476 House of Lords R v Jones Appellant On Appeal from the Court of Appeal Criminal Division Formerly R v J Appellant Etc Use of force briefing Archived 2018 11 23 at the Wayback Machine police uk section 71 Electoral Administration Act 2006 legislation gov uk Retrieved 9 May 2020 section 30 Theft Act 1968 legislation gov uk Retrieved 7 September 2022 section 3 Criminal Law Act 1967 legislation gov uk Retrieved 9 May 2020 Offences against the Person Act 1861 Paragraph 2 4 of Schedule 1 to the Theft Act 1968 www legislation gov uk Paragraph 38 of Schedule 7 to the Serious Organised Crime and Police Act 2005 commenced by article 2 m of the Serious Organised Crime and Police Act 2005 Commencement No 4 and Transitory Provision Order 2005 Companies Clauses Consolidation Act 1845 c 16 Statute Law Database Statutelaw gov uk Retrieved 24 April 2010 Standing Order 161 of the House of Commons PDF Courts Act 2003 www legislation gov uk The Police and Criminal Evidence Northern Ireland Order 1989 Opsi gov uk 25 April 2012 Retrieved 20 August 2012 The Police and Criminal Evidence Amendment Northern Ireland Order 2007 No 288 NI 2 Opsi gov uk 7 February 2007 Retrieved 24 April 2010 Category Ask the Scottish Police www askthe scottish police uk Retrieved 2024 01 10 Wollan Malia 6 May 2016 How to Make a Citizen s Arrest The New York Times ISSN 0362 4331 Retrieved 26 April 2018 In Ahmaud Arbery s Name Georgia Repeals Citizen s Arrest Law Daily JD James Superheroes and Citizen s Arrest Law and the Multiverse Atwater v Lago Vista No 99 1408 Supreme Court of the United States Ross v State 802 4S W 2d 308 314 15 Tex App Dallas 1990 no pet Court document txcourts gov California Penal Code Section 16 California Attorney Resources California Laws law onecle com People v Landis Appellate Division Superior Court Orange County Public offenses include infractions Pen Code 16 People v Tennessee 1970 4 Cal App 3d 788 791 84 Cal Rptr 697 Citizens Arrest PDF Alameda County District Attorney s Office Legg Jason From the Desk of the DA PDF Susquehanna County Office of the District Attorney Archived from the original PDF on 3 September 2014 Detention of offenders by private persons North Carolina General Statutes Archived from the original on 15 November 2012 19 2 81 Arrest Without a Warrant Code of Virginia Edward Thomas WILSON v COMMONWEALTH of Virginia Court of Appeals of Virginia Richmond Use of Force for Law Enforcement Purposes Criminal Law Capsule Summary LexisNexis permanent dead link Flynn Michael W Citizen s Arrest Legal Lad Texas Penal Code 9 51 b Texas Penal Code 9 51 d W Page Keeton et al Prosser and Keeton on the Law of Torts 22 at 142 5th ed 1984 Enacted Legislation ncga state nc us Archived 2015 08 24 at the Wayback Machine Terry v Ohio 392 U S 1 1968 Supreme Court of the United States Qualified immunity Retrieved from https en wikipedia org w index php title Citizen 27s arrest amp oldid 1199500438, wikipedia, wiki, book, books, library,

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