What is a citizen’s arrest and what are the rules around making one in the UK? All you need to know
Anyone can carry out a citizen's arrest but there are guidelines designed to stop the person carrying it out getting in trouble with the law themselves
IN 2017 shocking footage of a BBC producer trying to put a driver under citizen's arrest while threatening "get ready to die" has emerged.
But what are the rules around making a citizen's arrest and can anyone make one? We explain all.
What is a citizen's arrest?
A citizen's arrest is made by a person who is not a sworn law enforcement official.
The law is found under section 24A of the Police and Criminal Evidence Act 1984 (PACE).
According to the law, anyone can arrest a person committing an indictable offence.
They can also arrest someone if they reasonable grounds to suspect they are committing an indictable offence.
An indictable offence can land a person in Crown Court so it has to be a serious crime such as burglary or a violent offence.
But it may not be apparent whether the suspect's behaviour amounts to an indictable offence so the situation needs to be assessed carefully.
When can a citizen's arrest be carried out?
A citizen's arrest can be carried out if the circumstances are appropriate - such as a person causing damage to property or trying to flee before police arrive.
The law states a citizen's arrest can be carried out to the prevent the person:
- Causing physical injury to himself or any other person
- Suffering physical injury
- Causing loss of or damage to property
- Making off before a constable can assume responsibility for him.
A citizen's arrest may also be made to prevent a breach of the peace under Common Law. This means one can be carried out if the person believes a breach of the peace will occur or it is related to harm likely to be done or already happened in their presence.
Lawyers say a witness should be present when one is being made as more often than not, the suspect won't be honest with police when they show up.
There is also a risk of being arrested for assault so it is advised to take pictures and videos of the crime to show to police if there are no witnesses around.
But lawyers and police say it is better to leave it to the professionals wherever possible.
How do you make a citizen's arrest?
The arrests are not the same as those carried out by police so there isn't specific wording that has to be said to enforce it.
But the person does have to be told what is happening and why as soon as possible before cops take over.
Anyone carrying out an arrest can only use reasonable force when making it.
