Citizens Arrest

INTRODUCTION

The powers of arrest possessed by the citizen are more restricted than those possessed by Police Officers (see Police Powers).

Any person may arrest without a warrant (a) anyone who is in the act of committing an arrestable offence and (b) anyone whom he has reasonable grounds for suspecting to be committing such an offence. Further, where an arrestable offence has been committed, any person may arrest without warrant (a) anyone who is guilty of the offence and (b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

ARRESTABLE OFFENCES

The category comprises:

• Offences for which the penalty is fixed by law (in particular murder).
• Offences for which a previously unconvicted individual offender could be sentenced to a period of imprisonment of five years or more (such as theft, all serious offences against the person).
• Offences specially listed. This category is wide, and is frequently added to.

REASONABLE GROUNDS FOR SUSPICION

In the words of a leading textbook on criminal law, "circumstances should be such that a reasonable man, acting without passion or prejudice, would fairly have suspected the person committing the offence." The standard is objective, and the question of whether or not there are reasonable grounds for suspicion is to be judged on the basis of the arresting person's state of knowledge at the time, not with the benefit of hindsight.

LEVEL OF FORCE TO BE USED IN EFFECTING AN ARREST

Section 3(1) of the Criminal Law Act 1967 provides that:
"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large".

The level of force that is "reasonable in the circumstances" is a question of face and degree. A Court, in deciding whether or not the force used was reasonable, will look at all the circumstances including the degree of force used, the seriousness of the offence, and the possibility of affecting the arrest without the use of force.

Force must be proportionate to the seriousness of the offence committed, and not go beyond the force that is required to apprehend and detain the offender. It is obviously not permissible to use force against an offender who is offering no resistance. Similarly it is not permissible to use deadly or extreme force to apprehend someone who has committed a trivial or minor offence. The use of excessive force will lay the arresting person open to a charge of assault or, if deadly force is used, murder.

OBLIGATIONS AFTER ARREST

What are the obligations of a private individual once he has effected an arrest? They are similar to the obligations upon Police Officers. The arrested person must be told of the fact of his arrest and the reason for it. He must be given sufficient information to enable him to understand why he is being arrested. Further, he must be taken before a Magistrate or to a Police Station as soon as is reasonably possible. Failure to fulfil these obligations will render an otherwise lawful arrest unlawful.

RISKS

A point which must be emphasised is that a private individual attempted to effect an arrest is at risk not only of prosecution for assault if excessive force is used, but also of a civil suit for false imprisonment if the arrest is not lawful. As discussed above, an arrest that is otherwise lawful because of the existence of reasonable grounds for suspicion may be rendered unlawful by the failure of the arresting person to fulfil the obligations outlined above.

CONCLUSION

The above is only a brief outline of the law relating to citizen's arrest. It is no substitute for detailed legal advice. If you have a specific problem in this area you should consult a Solicitor or use our services below. If you are on a low income and are concerned about how you will pay for advice and assistance, your Solicitor can tell you about Legal Aid.