Citizens arrest?

Question

A citizens arrest is legally binding if the citizen witnesses a crime.
Can the citizen use restraining methods such as hand cuffs?

Answer 1

No, that is illegal confinement
Citizens arrest also can not be used on elected officials

Answer 2

For the UK:


"Citizen's Arrest

The police are not the only people with the power to make an arrest. Although there have been some highly publicised cases which suggest the power of the individual citizen is strictly limited, the law still recognises a citizen's arrest. So a member of the public may arrest someone who is committing an arrestable offence such as theft or assault, or suspects that such an offence has been committed. They are allowed to use reasonable force in doing so. "

In UK if you restrained someone with cuffs, you might find yourself open to some sort of prosecution, the onus would fall on you to provide evidence that cuffs were, in regard to the arrest you made, necessary reasonable force.

However you would likely also need to provide a reason for your ownership of cuffs, buying them for the purpose of arresting someone would probably get you in a lot of trouble as it indicates premeditation in the desire to restrain someone against their will before a crime has occurrred to justify their use. If you had them for shall we say, bedroom practices and then used them in a citizens arrest that would be arguable for your case.

Though to be honest, consult a solicitor at least that way you could sue them for gving you mal-advice if they advised you to use them and you were subsequently prosecuted for mis-arrest.

Answer 3

Well, as we are in a UK and Ireland site I will answer this under the laws of England and Wales.

Section 24 (4) and 24 (5) of the Police and Criminal Evidence Act 1984 states:
(4) Any person may arrest without a warrant-
(a) anyone who is in the act of committing an arrestable offence;
(b) anyone whom he has reasonable grounds for suspecting to be committing such an offence.

(5)Where an arrestable offence has been committed, any person may arrest without a warrant-
(a) anyone who is guilty of the offence
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

This is the law governing the actual arrest itself. You may use reasonable force to detain a suspect however to what degree reasonable force is judged is a matter for the courts to decide.

If you tie up a suspect after catching him trying to murder someone then this would probably be acceptable because of the danger he poses to the public. It is a matter of degree.

However I am of the view that where possible, let the police do the job they are trained for and do not put yourself or others at risk. A suspect is more willing to fight a member of the public to resist arrest than a police officer.

Hope this clarifies the issue a little

Answer 4

Yes, you can use any method that a police officer may use. You may also use a improvised baton or truncheon. In a recent BBC interview both senior police officers and top lawyers said this is an acceptable form of citizens arrest. If you hit your suspect with an improvised baton and he dies as a result. You have to prove reasonable force. If you are a women tackling a big guy - it's reasonable force - the other way around - it isn't. Handcuffs are a reasonable restraint. But a security guard handcuffing a shop lifter in public could be seen as breaching that persons civil liberties and human rights - if it turned out they were innocent or it wasn't necessary. For example handcuffing someone old or disabled would be a breach of the Human Rights Act. Yes, you can handcuff the wife - with her permission! lol

Answer 5

At common law the answer is "yes," that is what "arrest" means. However the common law has been modified in US states. In general in the US, the police can arrest on reasonable grounds to believe a felony or violent misdemeanor has been committed and on personal knowledge that a non-violent misdemeanor has been committed. At common law citizens had the same arrest powers as police. Various states and the UK have modified the rules in various ways. Generally, in the US, a person who is not a law enforcement officer must have personal knowledge of any offense for which they make an arrest & they have the burden of proving they used necessary force to do so. Some states permit use of force only in self defense even if making an arrest. Many states allow retail merchants and their agents additional power to arrest shoplifters on reasonable grounds.

Answer 6

Yes u may use cuffs. As a security guard, (as such u can only make citizens arrests) I was allowed to use cuffs to detain somebody, but BEWARE, u set yourself up for a false arrest suit, and unless u can, in court, prove that that person committed a crime, it could cost u everything u own.

Answer 7

Interesting question - in England we have Police Community Support Officers who have no special power of arrest but who are now being issued with hand cuffs. Airline cabin staff have before now used tape etc to restrain passengers. Let's just say that you'd better have a real good reason for forcibly restraining another individual, and be fully prepared to face all consequences if you get it wrong!

Answer 8

Well, first off, and if you have handcuffs in your pocket, why is that pray tell.

You may arrest, yes, using the minimum of force, with the law not specific on that latter point.

However, and in the case of false arrest, unlike the police, you will not be able to pay the cost/compensation of false arrest out f public funds, but rather out ofyur own pocket.

Now, about those cuffs, you kibky devil...

Answer 9

there is no such thing as a citizens arrest you can use reasonable force, however to hold someone while the police are called for provided they did commit the crime the police would not take much interest if the criminal saying he was assaulted.

Answer 10

You mind-blowing. I actual have worked in and studied the indoors maximum protection field for years. you're able to be responsive to, whether, that each and every person specialists propose you do no longer attempt a citizen's arest for many motives: a million) whether that is no longer a legal, yet a misdemeanor, you will probable be sued. 2) in case you haven't any longer have been given the right coaching on regulation you will probable be sued. 3) whether that's a regulation Enforcer you will probable be crushed, assaulted, or killed. 4) that's exceedingly dangrous to life and limb without appropriate coaching. sure, you additionally could make a citizen's arrest for ANY crime, yet you're able to no longer ever gain this till that's a legal given which you require 2 or extra witnesses in any different case alongside with a rattling sturdy quantity of evidence. sure, you're actually not required to ascertain Miranda Rights. sure, you could constantly use rigidity to detain, yet you're able to be actual particular and in a position to evidence you're mind-blowing, or you will spend your comprehensive life paying for a lawsuit. it won't be unlawful to stand as much as a citizen's arrest, however the criminal would be charged and/or sued with attack in the event that they do! i does no longer detain them for extra desirable than an hour if the police did no longer arrive. whether, in that factor i'd attempt to earnings information from them to grant to the police. while you're below a citizen's arrest they are in a position to delivery you without consent provided they have already made the dedication and are keen to go through the achieveable outcomes - citzens are actually not immune from screw-united stateslike regulation enforcers. while you're below a citizen's arrest the superb ingredient you're able to do is overlook with reference to the citizen, provide them no information, and pass away the considered at contemporary.

Answer 11

You can arrest anyone you witness committing an offence that carries a possible custodial sentence, but you can only use reasonable force, so it's your call. Hand cuffs would put you on very dodgy ground.