if someone chucks a brick through my window and i restrain them i can get charged with assault/kidnap?

Answer 1

he will claim you assaulted him and false imprisonment. I suspect that the Police would suggest you drop your charges and he will drop his. If you refuse, you will probably find yourself in court, and paying a fine and community service. Sad but true, thats how the Country is run by the Labour government

Answer 2

Many of the answers so far are correct--you would be making a citizen's arrest. However, there are certain things you have to do to fit the letter of the law. For example, you have to inform THE PERSON YOU'RE ARRESTING that you're making a citizen's arrest, and that the uniformed police are being contacted. You also cannot use "excessive" force, and what this means is debated in courts. I'd punch the guy in the face as well, and most cops would overlook a reasonable reaction like that, but if the guy has a decent lawyer then he's getting out of the charges. Making an arrest is complicated, that's why cops go through training on how to pull it off legally.

Answer 3

No, you are perfectly within your rights to effect a citizens arrest on this person, you may restrain them in order to do this, so long as you dont go over the top on the force you use and you must call the police as soon as possible.

As far as restraint goes the law that allows you to use restraint in this manner is Section 3 of the Criminal Law Act which says;

A person may use such force that is reasonalble in the circumstanes to affect the arrest of a person suspected of commiting a crime, or a person he reasonalbly beleives to have commited or is about to commit a crime.

Answer 4

I think it would be better to get a good decription of who did it, a witness to confirm this would be ideal. Then just call the police. If you restrain this person, it could be his word against yours. He could say that you did something that you didn't really do. Then you would be stuck between having your window busted and charges against you. If ever in doubt, just call the police and ask them first. That is one of the reason's they are there!

Answer 5

Best thing to do is take the brick and smash them in the head with it repeatedly until they are dead. Lets see them chuck a brick again....It maybe worth while disposing of the corpse in a wood or deep river as a dead body in your garden may get you into trouble.

Answer 6

Yep. Holding anyone against their will is subject to different levels of those charges but, if you are defending yourself (or your property) from battery then you are probably ok in the eyes of the court. So long as you didn't injure them, which can complicate things. Other things, like both of your records, will come into play as well.

Answer 7

No that cannot happen. If your assaulted, by the "brick" thrower, and you catch this person, you "hold" them, and get the Police, and they charge him/her. What are you thinking, you have the "right to self protection", you can't injure this person, but if you can catch them, you have the legal wright to have them "charged" and Prosecuted to the limit under the Law.

Answer 8

It depends if they were on your property. Also a citizens arrest does not give you the power to restrain another person against their will. Best to give them a dry slap and be done with it.

Answer 9

Too many lowlifes getting away with too much. Usually sent by clandestine government to justify the existence of a corrupt, parasitic government. Do this; look up citizen's arrest.

Answer 10

Best thing to do is tell the police you have been racially abused. They dont gove a flyingfuck about vandalism but dear God - you mention the R word and helicopters will arrive and investigation will commence like the Gestapo !