A citizen's arrest is an
arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
made by a
private citizen
A private citizen is someone who does not have an official or professional role in a given situation.
The same person may be a private citizen in one role, and an official in another. For example, a legislator is an official when voting in the leg ...
– that is, a person who is not acting as a
sworn law-enforcement official. In
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdictions, the practice dates back to medieval
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and the
English common law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, bee ...
, in which
sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
s encouraged ordinary
citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
s to help apprehend
law breakers
''Law Breakers'' (french: Les Assassins de l'ordre) is a 1971 French drama film starring Jacques Brel, directed by Marcel Carné. It was entered into the 7th Moscow International Film Festival.
Based on a real-life incident, an idealistic a ...
.
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 the
British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British English, ...
jurisdiction of
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, the power comes from section 24A(2) of the
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise ...
, called "any person arrest". This
legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
states "any person" has these powers, and does not state that they need to be a
British citizen
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...
.
Legal and political aspects
Anyone who makes a citizen's arrest can find themselves facing possible
lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
s or
criminal charge
A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can ...
s (e.g. charges of
false imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...
, unlawful restraint,
kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...
, or wrongful arrest) if the wrong person is apprehended or a suspect's
civil rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
are violated. This is especially true when
police force
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and th ...
s 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
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
and
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, 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. Note, however, that in both countries, this results from a different legal norm, "aid to others in immediate danger", which is concerned with prevention, not
prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
, of crimes.
Laws by country
Australia
In
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, the power to arrest is granted by both
federal
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
and
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
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
The ''Crimes Act 1914'' (Cth) is an Act of the Parliament of Australia which addresses the most serious federal offences — that is, crimes against the Commonwealth. It was the first major federal criminal law since the Federation of Australi ...
''. Under the Act, a
person
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, ...
who is not a
police constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
may, without
warrant, arrest another person if they believe on
reasonable grounds
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "speci ...
that:
*the other person is committing or has just committed an
indictable offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
; and
*proceedings by
summons
A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of governme ...
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
A security guard (also known as a security inspector, security officer, or protective agent) is a person employed by a government or private party to protect the employing party's assets (property, people, equipment, money, etc.) from a variety ...
, 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
In the
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n state of
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
, the power to arrest is granted to anyone who is not a
police officer
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...
by section 100 of the ''Law Enforcement (Powers and Responsibilities) Act 2002'' (NSW). 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
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
.
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
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
found on the person, before a
magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
to be dealt with according to law. The
magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
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 Law Society of New South Wales is a professional association which represents over 29,000 solicitors in Australia. The Law Society has statutory powers and regulates the practice of law in New South Wales.http://www.lawlink.nsw.gov.au/lawl ...
, the arresting person should:
*inform the person that they are under arrest and
*inform the person of the reasons for the arrest.
Queensland
In the
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n state of
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
, the power to arrest is granted by section 546 of Schedule 1 to the ''
Criminal Code Act 1899
The criminal law of Australia is the body of law in Australia that relates to crime.
Responsibility for criminal law in Australia is divided between the state and territory parliaments and the Commonwealth Parliament. This division is due to t ...
'' (Qld). 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:
Section 260 of the Act also provides a power to arrest in preventing a
breach of the peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
Public ord ...
:
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.
South Australia
Section 271 of the ''Criminal Law Consolidation Act 1935'' (SA) grants arrest powers to a person in
South Australia
South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
.
Tasmania
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
In the Australian state of
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
, the power to arrest is granted in section 458 of the ''
Crimes Act 1958
The Crimes Act 1958 is an Act of the Parliament of Victoria.
The Act codified most common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial ...
'' (Vic). 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 won't 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
It was only in 2004 that the
Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
n 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
Prostitution is the business or practice of engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-penet ...
,
thief
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...
, 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 Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct.
The legal system needs to permit those subject to the law to regulate their condu ...
. Citizen's arrest powers are now in section 25 of the ''Criminal Investigation Act 2006'' (WA).
The Territories
;
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The 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
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
: See the ''Crimes Act 1900'' (ACT), section 218, which permits a citizen's arrest.
Austria
In
Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
, citizen's arrests (') can be made under § 80 Abs 2 StPO (code of penal procedures). 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
In
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, a Federal law 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
Federal law
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
's blanket arrest authorities for crimes or violations of federal statutes are found in the
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
. In Canada, a criminal offence is any offence that is created by a
federal
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
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 were changed in 2012, by the Citizen's Arrest and Self-defence Act. 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.
Provincial law
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.
China
Chinese criminal procedure law empowers ''any citizen'' to make citizen's arrest:
Denmark
In
Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of 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.
Ethiopia
In
Ethiopia
Ethiopia, , om, Itiyoophiyaa, so, Itoobiya, ti, ኢትዮጵያ, Ítiyop'iya, aa, Itiyoppiya officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. It shares borders with Eritrea to the ...
, 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. 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. 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.
Finland
In
Finland
Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...
Coercive Measures Act 22.7.2011/806gives a right to apprehend someone in the act of committing a crime ''(
in flagrante delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
)'' 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
French law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is ...
allows any civilian to arrest a person caught ''
in flagrante delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
'' committing a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
or
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
punishable by a jail sentence, with the obligation to immediately bring that person before the nearest officer of the
police judiciaire. 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
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
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
'' and either the identity of the person cannot be otherwise established immediately or they are suspected to try to flee. 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.
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 __NOTOC__
Reasonable may refer to:
* Reason, the capacity for rational thinking
* Reasonable accommodation, an adjustment made in a system to accommodate an individual's need
* Reasonable and non-discriminatory licensing, a licensing requirement ...
and proportionate in the circumstances". Once an arrest is made, the
suspect
In law enforcement jargon, a suspect is a known person accused or suspected of committing a crime. Police and reporters in the United States often use the word suspect as a jargon when referring to the perpetrator of the offense (perp in dated U ...
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.
Hungary
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.
India
Section 43, of the
Code of Criminal Procedure, 1973
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication ...
states that:
According to this section any private person may arrest or cause to be arrested
Iran
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.
Ireland
The term "citizen's arrest" is colloquially used for arrest, without an
arrest warrant
An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.
Canada
Arrest warrants are issued by a j ...
, made by someone other than a member of the
Garda Síochána
(; meaning "the Guardian(s) of the Peace"), more commonly referred to as the Gardaí (; "Guardians") or "the Guards", is the national police service of Ireland. The service is headed by the Garda Commissioner who is appointed by the Irish Gover ...
.
Despite the colloquial name, non-
Irish citizens
Irish nationality law details the conditions by which a person is a national of the Republic of Ireland. The primary law governing these regulations is the Irish Nationality and Citizenship Act, 1956, which came into force on 17 July 1956. Reg ...
have performed such arrests. The
law of the Republic of Ireland
The law of Ireland consists of constitutional, statute, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written const ...
, being derived from
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
, inherited the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
power for private individuals to arrest for
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
or
breach of the peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
Public ord ...
.
The Criminal Law Act 1997 abolished the common-law distinction between felonies and
misdemeanour
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
s 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.
Several other statutes which define offences likewise state "any person may arrest" someone committing the offence; relevant offences include
making off without payment
Making off without payment is a statutory offence in England and Wales, Northern Ireland , Republic of Ireland and Hong Kong. It was first introduced on the recommendation of the Criminal Law Revision Committee and is intended to protect legitimat ...
,
hawking
revenue stamp
A revenue stamp, tax stamp, duty stamp or fiscal stamp is a (usually) adhesive label used to designate collected taxes or fees on documents, tobacco, alcoholic drinks, drugs and medicines, playing cards, hunting licenses, firearm registration, ...
s,
and
property damage
Property damage (or cf. criminal damage in England and Wales) is damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or act of nature.
It is similar to vandalism and arson (destroying propert ...
— this last permits arrest for a past crime as well as one in progress.
In addition, the Criminal Law (Jurisdiction) Act 1976 schedules offences associated with
the Troubles
The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an "i ...
in
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, and authorises anyone to arrest someone for committing or having committed such an offence, whether in the Republic of Ireland or Northern Ireland.
The 1976 act, and a similar
Westminster act giving reciprocal
extraterritorial jurisdiction
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries.
Any authority can claim ETJ over any external territory they wish. However, for the claim to be effective in the externa ...
, obviated the need for
extradition
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdict ...
between the jurisdictions, which would have been more controversial.
If the arrester lacks
reasonable cause
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "specif ...
to believe the arrested person to have committed the offence, the latter may
sue the former for
defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
,
wrongful arrest
False arrest, Unlawful arrest or Wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue ...
, or
trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...
.
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.
An exception is that stamp hawkers must be brought before the
District Court.
Citizen's arrests are rare; most often they are made by
store detective
A store detective (also known as Asset Protection Investigator, undercover shopper, Loss Prevention Detective, and Asset Protection Specialist) is a member of retail loss prevention, loss prevention whose main role is to prevent and detect theft (c ...
s on
shoplifting
Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on items ...
suspects.
Israel
An
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
i 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. The law can be used by both private individuals and private security.
Italy
Any private citizen can, according to article 383 of the
Italian Code of Criminal Procedure The Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy. The Italian legal order adopted four codes since the Italian Unification. After the first two codes, in 1865 and 1913, the Fascist Gover ...
, arrest another person, provided they are caught "''in flagranza di reato''" (
In flagrante delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
) 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.
Japan
In
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
, 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
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
''). Most criminals who attempt to flee, or refuse to identify themselves, can be held until police arrive. However, making a citizen's arrest to prevent
petty crime
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
Canada
In Canada, summary offenc ...
(e.g. illegal assembly, accidental injury, accidental trespass, defamation of character, leaving a parking lot without paying) is
false imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...
per Section 220 of the Criminal Code.
Latvia
Criminal Procedure Lawin
Latvia
Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
gives a right to any person to apprehend someone in the act of committing a crime ''(
in flagrante delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
)'' 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 responsibl
as long as the means employed are in proportion to the threat The arrested person must be handed over to the police immediately.
Malaysia
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:
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:
A "seizable offence" is defined as an offence in which a police officer may ordinarily arrest without warrant as per defined by the Code.
Mexico
Article 16 of the 1917
Constitution of Mexico
The Constitution of Mexico, formally the Political Constitution of the United Mexican States ( es, Constitución Política de los Estados Unidos Mexicanos), is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in th ...
allows any person to arrest a criminal found ''
in flagrante delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
''. 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.
Nepal
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."
New Zealand
In
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, some legal protection exists to those making a citizen's arrest as provided in the
Crimes Act 1961
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by t ...
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
Civil may refer to:
* Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
* Civil disobedience
*Civil engineering
* Civil (journalism), a platform for independent journalism
*Civilian, someone not a m ...
. Protection from criminal responsibility means those who make the arrest are not liable to any criminal proceedings. They are however liable for
civil proceedings
Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non-criminal law. The law rel ...
. 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
may refer to:
* Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences
* Epitome, a summary or miniature form
* Abridgement, the act of reducing a written work into a sho ...
.
Specifically, the
Crimes Act 1961
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by t ...
states that everyone (not just New Zealand citizens) is justified in arresting without warrant:
* 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.
* 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. Similar legislation applies to suppressions of riots by members of the public.
* 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.
* 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
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.
Norway
In
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
, 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.
Peru
The Code of Criminal Procedure allows private citizens to arrest persons caught ''
in flagrante delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
'' in the commission of a crime. Private citizens who make an arrest are obligated to immediately turn over the detainee to the police.
Philippines
Although the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
does not have a national law covering citizen's arrest, the local government of
Quezon City
Quezon City (, ; fil, Lungsod Quezon ), also known as the City of Quezon and Q.C. (read in Filipino as Kyusi), is the List of cities in the Philippines, most populous city in the Philippines. According to the 2020 census, it has a populatio ...
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.
Poland
In
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
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.
Portugal
In Portugal one isn't
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 The current Portuguese Civil Code ( pt, Código Civil) was approved on 26 November 1966 and entered into force on 1 June 1967. It replaced the previous Portuguese Civil Code of 1868.
Its text was prepared by a Commission of Professors of Law which ...
(
self defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
,
necessity
Necessary or necessity may refer to:
* Need
** An action somebody may feel they must do
** An important task or essential thing to do at a particular time or by a particular moment
* Necessary and sufficient condition, in logic, something that is ...
and alike), and as long as there is an impossibility to resort to
law enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term en ...
. The main requirement of
proportionality is that one doesn't 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
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
if and only if the latter's conduct in question is punishable with
imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
by law and the criminal procedure doesn't 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
In
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
, 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
The Russian Criminal Code (russian: Уголовный кодекс Российской Федерации, frequently abbreviated УК РФ) is the prime source of the Law of the Russian Federation concerning criminal offences. The 1996 Crim ...
and the Ruling of the Plenum of the
Supreme Court of Russia
The Supreme Court of the Russian Federation (russian: links=no, Верховный суд Российской Федерации, Verkhovny sud Rossiyskoy Federatsii) is a court within the judiciary of Russia and the court of last resort in ...
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
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
without delay.
Serbia
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
In
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
, 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
In
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
, 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.
Switzerland
According to the Swiss Criminal Procedure Code § 218, citizens have the right to arrest a person when there is insufficient time to obtain police assistance, provided that
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
An arrest without a warrant is explicitly forbidden by the Article 8 in the
Constitution of the Republic of China
The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC), ratified by the Kuomintang during the session on 25 December 1946, in Nanjing, and adopted on 25 December 1947. The constitution, ...
, "except in case of flagrante delicto as provided by law", as shown below:
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
Turkish
Turkish may refer to:
*a Turkic language spoken by the Turks
* of or about Turkey
** Turkish language
*** Turkish alphabet
** Turkish people, a Turkic ethnic group and nation
*** Turkish citizen, a citizen of Turkey
*** Turkish communities and mi ...
Criminal Procedure Code states:
United Kingdom
England and Wales
A citizen's arrest can be lawfully carried out on any person under section 24A of the
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise ...
for an
indictable offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
, including
either way
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...
offences (in this section referred to simply as "an offence"), but with some exceptions listed below. A few examples of
indictable
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
and
either way
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...
offences are
theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...
,
criminal damage
Property damage (or cf. criminal damage in England and Wales) is damage or destruction of Real property, real or tangible Personal property, personal property, caused by negligence, Willful violation, willful destruction, or Act of God, act of na ...
,
burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...
,
assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
occasioning
actual bodily harm
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and th ...
, possession of an
offensive weapon
An offensive weapon is a tool made, adapted or intended for the purpose of inflicting physical injury upon another person.
Legality England and Wales
Under England and Wales' Prevention of Crime Act 1953, Section 1(1) states it is an offence to ca ...
in a public place,
possession of a controlled substance
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
While some drugs are illegal to possess, many governments regulate the ...
.
It is thus permissible for any person to arrest without warrant:
*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:
*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.
"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
The Criminal Attempts Act 1981 (c 47) is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes. It abolished the common law offence of attempt.
P ...
. This act creates the offence of an ''attempted'' offence, as long as the offence being attempted is an
indictable
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
. 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)'' 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 comprehensiv
guideon reasonable force.
A citizen's arrest cannot be made:
*inside a
polling station
A polling place is where voters cast their ballots in elections. The phrase polling station is also used in American English and British English, although polling place is the building , on a person who commits or is suspected of committing an offence of
personation
Personation (rather than ''im''personation) is a primarily-legal term, meaning 'to assume the identity of another person with intent to deceive'. It is often used for the kind of voter fraud where an individual votes in an election, whilst prete ...
(that is, pretending to be someone else in order to vote) in elections, or
*in relation to an offence of
stirring up racial hatred or stirring up religious hatred under the
Public Order Act 1986
The Public Order Act 1986 (c 64) is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendations .
An arrest may not be made by a someone of their own husband, wife or civil partner for the offences of theft or criminal damage where they are the victim.
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
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.
Territ ...
to use
reasonable force
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one' ...
for the prevention of crime. 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
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and anyone attempting to flee would commit the offence of
escape from lawful custody
Escape or Escaping may refer to:
Computing
* Escape character, in computing and telecommunication, a character which signifies that what follows takes an alternative interpretation
** Escape sequence, a series of characters used to trigger some s ...
. Similarly, a person who uses force to resists a citizen's arrest would commit the offence of
assault with intent to resist arrest
Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.
England and Wales
This offence is created by section 38 of the Offences against the Person A ...
.
In addition to an arrest without a warrant, where an
arrest warrant
An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.
Canada
Arrest warrants are issued by a j ...
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
=
A citizen's arrest is a form of
lawful custody
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and anyone attempting to flee may be guilty of attempting to
escape from lawful custody
Escape or Escaping may refer to:
Computing
* Escape character, in computing and telecommunication, a character which signifies that what follows takes an alternative interpretation
** Escape sequence, a series of characters used to trigger some s ...
. 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. 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
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
offence and therefore
indictable
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
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. 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
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' 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.
Although not technically citizen's arrest powers, any person also has the power to arrest for a
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
breach of the peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
Public ord ...
which also provides any person with a
power of entry
Power most often refers to:
* Power (physics), meaning "rate of doing work"
** Engine power, the power put out by an engine
** Electric power
* Power (social and political), the ability to influence people or events
** Abusive power and control, ...
. Section 3
Criminal Justice Act 1967
The Criminal Justice Act 1967 (c 80) is an Act of the Parliament of the United Kingdom.
Section 9 allows uncontroversial witness statements to be read in court instead of having to call the witness to give live testimony in the courtroom, if ...
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
Escape or Escaping may refer to:
Computing
* Escape character, in computing and telecommunication, a character which signifies that what follows takes an alternative interpretation
** Escape sequence, a series of characters used to trigger some s ...
.
Until 2006, there was an "any person" power of arrest under part of the
Theft Act 1968
The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.
On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deceptio ...
in England and Wales that related to
poaching
Poaching has been defined as the illegal hunting or capturing of wild animals, usually associated with land use rights.
Poaching was once performed by impoverished peasants for subsistence purposes and to supplement meager diets. It was set a ...
, which was used by private
water bailiff
A water bailiff is a law-enforcement officer responsible for the policing of bodies of water, such as a river, lake or coast. The position has existed in many jurisdictions throughout history.
Scotland
In Scotland, under the Salmon and Freshwater ...
s (as opposed to
Environment Agency
The Environment Agency (EA) is a non-departmental public body, established in 1996 and sponsored by the United Kingdom government's Department for Environment, Food and Rural Affairs, with responsibilities relating to the protection and enha ...
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
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and si ...
. An officer or agent of certain companies may seize and detain any person who has committed an offence against the provisions of th
Companies Clauses Consolidation Act 1845whose name and residence shall be but unknown to such officer or agent, and take them before a
justice of the peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
, who "shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender".
Under the
Standing Orders of the
House of Commons of the United Kingdom
The House of Commons is the lower house of the Parliament of the United Kingdom. Like the upper house, the House of Lords, it meets in the Palace of Westminster in London, England.
The House of Commons is an elected body consisting of 650 me ...
, the
Serjeant at Arms
A serjeant-at-arms, or sergeant-at-arms, is an officer appointed by a deliberative body, usually a legislature, to keep order during its meetings. The word "serjeant" is derived from the Latin ''serviens'', which means "servant". Historically, s ...
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.
Court security officers in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
have the additional power to restrain and remove persons from court buildings under s53
Courts Act 2003
The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judgeReview of the Criminal Courtsin England and Wales (also known as the "Auld Review ...
as well as powers of search and seizure of certain articles.
Northern Ireland
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) as amended by the Police and Criminal Evidence (Amendment) (Northern Ireland) Order (SI 2007/288).
Scotland
While no statutory provision for citizen's arrest exists in
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
, there is a
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
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.
United States of America
In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, a private person may
arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
another without a
warrant for a crime occurring in their presence. However, the crimes for which this is permitted vary by state. This procedure was criticized in the state of Georgia for the potential of abuse and racial bias after the
murder of Ahmaud Arbery
On February 23, 2020, Ahmaud Arbery, a 25-year-old black man, was murdered during a racially motivated Hate crime laws in the United States, hate crime while jogging in Satilla Shores, a neighborhood near Brunswick, Georgia, Brunswick in Glynn ...
. As a result, Georgia repealed its citizen's arrest law.
Common law
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". "
Breach of peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
Public ord ...
" 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
''Nightwalking'' (also known as ''Night Walking'') is a 2008 British comedy horror short film directed by Daniel Cormack, starring Raquel Cassidy and Lloyd Woolf.
In 2010, ''Nightwalking'' was selected for preservation by the British Film Instit ...
", prostitution, and playing card and dice games.
Texas courts have defined and interpreted the term "
breach of the peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
Public ord ...
" to mean an act that disturbs or threatens to disturb the tranquility enjoyed by the citizens.
State statutes
Consider, for an example of this codification, California Penal Code section 837:
"Public offense" is read similarly as breach of peace in this case and includes felonies, misdemeanors, and infractions. Note that 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.
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
False arrest, Unlawful arrest or Wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue ...
because a felony had not, in fact, been committed.
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". 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".
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. However, Virginia courts have upheld warrantless arrests by non-law enforcement personnel for breach of the peace misdemeanors. 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
In general, a private person is 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. In at least one state, a civilian may use reasonable force, including deadly force if reasonable, to prevent an escape from a lawful citizen's arrest.
Shopkeeper's (merchant's) privilege
In some states of the United States, the courts recognize a common law
shopkeeper's privilege
Shopkeeper's privilege is a law recognized in the United States 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 perso ...
under which a shopkeeper is allowed to detain a suspected
shoplifter
Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on items ...
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.
Differing liability from police
Private persons are occasionally granted immunity from civil or criminal liability, like the police are, when arresting others. 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. However, ordinary citizens cannot claim "
qualified immunity
In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statu ...
" to attempt to defend against a civil complaint for false arrest.
See also
*''
R. v. Asante-Mensah''
*
Shopkeeper's privilege
Shopkeeper's privilege is a law recognized in the United States 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 perso ...
*
Individuals with powers of arrest
The power of arrest is a mandate given by a central authority that allows an individual to remove a criminal's (or suspected criminal's) liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage t ...
*
Powers of the police in England and Wales
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of Territo ...
*
Breach of the peace (England/Wales)
*
Neighborhood watch
A neighborhood watch or neighbourhood watch (see spelling differences), also called a crime watch or neighbourhood crime watch, is an organized group of civilians devoted to crime and vandalism prevention within a neighborhood.
The aim of neig ...
*
Hue and cry
In common law, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a criminal who has been witnessed in the act of committing a crime.
History
By the Statute of Winchester of 1285, 13 Edw. I statute 2. c ...
References
{{DEFAULTSORT:Citizen's Arrest
Criminal law
Criminal procedure
Legal terminology
Vigilantism
de:Festnahme#Jedermann-Festnahme