citizens arrest?

Question

can anyone explain about a citizens arrest, how serious does the offence have to be before it becomes legal to do it, for example if I caught someone dropping litter or spitting in the street could I arrest them and send for the police

Answer 1

As this is the UK/Ireland site I presume that's what you're asking about, and basically, if you try to arrest somebody for something as trivial as littering or spitting, I suggest that you have good medical cover because I'm fairly certain you'll need it. Being beaten up by somebody who knows no better than to drop litter or spit in the street can't be very pleasant, and more importantly, do you REALLY think the police would be in the slightest bit interested? They'd be more likely to arrest YOU for wasting their time ! ! !

Answer 2

1

Answer 3

legally it has to be something for which the police would make an arrest so spitting in the street or littering which are dealt with by way of fixed penalty or summons arent arrestable offences. You must remember if asked how you have power of arrest to state that 'section 1 of the police and criminal evidence act 1984 states that any citizen may carry out an arrest without a warrant providing an arrestable offence has been committed' and you must caution the arrested party 'You do not have to say anything although it may harm your defence if you do not mention when questioned something which you later rely on in court, anything you do say may be recorded' because if you dont give this warning any statements you give about things they have said will be inadmissible in court

Answer 4

Littering and spitting don't carry a jail sentence and thus it would be ILLEGAL for you to perform a citizens arrest in those cases. Most states as long as it's a serious crime that will involve jail time (doesn't mean they might not just end up with probation, but that jail is an option) allow a citizen to arrest someone.

The most common citizens arrest is done by stores who detain shoplifters. Since the cop didn't witness the incident he can be the one "arresting" the person, and since they detained you they are legally the ones "arresting" you.

Answer 5

All states other than North Carolina permit citizen arrests if a felony crime is witnessed by the citizen carrying out the arrest, or when a citizen is asked to help apprehend a suspect by the police. The application of state laws varies widely with respect to misdemeanor crimes, breaches of the peace, and felonies not witnessed by the arresting party. Note particularly that American citizens do not have the authorities or the legal protections of the police, and are strictly liable before both the civil law and criminal law for any violation of the rights of another.[6] In the United States, the police do not have to determine the legality of the citizens arrest and this practice has been greatly criticized[citation needed]

North Carolina General Statutes do not provide for citizen arrest, but instead provide for detention by private persons.[7] These statutes apply both to civilians and to police officers outside their jurisdiction. Citizens and police may detain any person who they have probable cause to believe committed in their presence a felony, breach of the peace, physical injury to another person, or theft or destruction of property. The key distinction between an arrest and a detainment is that the detainee may not be transported without their consent.

Answer 6

Entirely down to which country you live in.In the UK you can arrest for an arrestable offence but it is complicated and fraught with legal danger.You couldnt arrest for the summary offences mentioned and an arrestable offence is a long complicated definition not just one for a which a power of arrest is in force so unless you want to do a lot of reading of legal jargon I would forget it.

Answer 7

Hi Keith,

In the UK this type of arrest came under the Police and Criminal Evidence Act 1984 ss 24(4), 24(5) for arrestable offences.

I understand that this has now changed and am unaware of the changes to this act.

It is still better to phone the police and let them do their job.

Answer 8

in todays modern society you are probably better off not trying as someone pointed out yuoll probably be stabbed or assaulted you could phone the police but youd be wasting your time, it would appear we live in a lawless society.

Answer 9

keith,why would you want to arrest someone for littering or spitting,you would make a good police officer,that doesnt mean i think police are good.

Answer 10

It all really depends on which country you are in at the time!

The dilemma is that you seem to have forgotten which country you are in, and I have no idea!

2/10 cr*p question.