Gavin Howe
A common-law arrest, also known as a citizen's arrest, is a lawful form of custody performed by a private citizen who is not a sworn law enforcement official. The practice dates back to medieval England, where sheriffs encouraged citizens to help apprehend lawbreakers. Today, it is recognised in many jurisdictions, including the UK, Ireland, and Australia, though the specifics vary by region. Generally, a citizen's arrest can be made when a felony or indictable offence is committed or about to be committed, and there are reasonable grounds to suspect an individual. In some cases, citizens may use reasonable force to detain the person being arrested, but this is not always necessary, as an arrest can occur when an individual reasonably believes they are not free to leave.
| Characteristics | Values |
|---|---|
| Definition | A citizen's arrest is a form of lawful custody where a private citizen who is not a sworn law-enforcement official detains a suspect until the police arrive. |
| History | In common law jurisdictions, the practice dates back to medieval England and English common law, where sheriffs encouraged citizens to help apprehend lawbreakers. |
| Legal Status | The legality of a citizen's arrest varies by jurisdiction. In some places, it is permitted in felony cases or for specific offences, while other regions may have different requirements or restrictions. |
| Requirements | Reasonable grounds or probable cause are necessary for a citizen's arrest. The use of reasonable force is generally allowed, but the definition of "reasonable" may vary. |
| Limitations | A citizen's arrest is typically unlawful for minor offences or summary offences, such as road traffic violations or minor assaults. |
| Legal Consequences | Citizens performing arrests may face lawsuits or criminal charges if the arrest is deemed unlawful or unreasonable. Assaulting the arrestor is also an offence in some jurisdictions. |
| Official Powers | Certain officials, like the Serjeant at Arms in the UK, have specific powers to take individuals into custody under particular circumstances. |
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What You'll Learn
Common law arrest vs citizen's arrest
A common-law arrest refers to the lawful arrest of an individual by a police officer or a law enforcement official. The police officer must have probable cause to make an arrest, which is the grey area between suspicion and complete certainty. In other words, a police officer must be able to objectively point to a situation that prompted them to apprehend a suspect. For example, if an officer pulls someone over for speeding and finds drug paraphernalia and baggies filled with marijuana in their car, the officer would then have probable cause to arrest the individual.
A citizen's arrest, on the other hand, is an arrest made by a private citizen or a person who is not a sworn law enforcement official. In common law jurisdictions, the practice dates back to medieval England, where sheriffs encouraged ordinary citizens to help apprehend lawbreakers. Today, in countries like the UK, a citizen's arrest is made when a member of the public apprehends a suspect and detains them until the police arrive to formally arrest them. Legally, anyone can carry out a citizen's arrest, but there are guidelines to follow to avoid legal repercussions. For example, in the UK, a citizen can only perform an arrest on someone they suspect of committing an indictable offence, such as assault, burglary, or murder.
In the Republic of Ireland, the law inherited the common law power for private individuals to arrest for felony or breach of the peace. However, the Criminal Law Act 1997 abolished the distinction between felonies and misdemeanours, instead distinguishing between "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.
In Western Australia, until 2004, any person could arrest without a warrant "any reputed common prostitute, thief, loose, idle or disorderly person" who offended against the Police Act 1892. Citizen's arrest powers are now in section 25 of the Criminal Investigation Act 2006 (WA).
In the United States, the Supreme Court has held that a person may, without a warrant, arrest or detain an accused person until a police officer arrives. This right was established in an earlier case, which ruled that the owners of stolen goods and those acting with the owner's authority could pursue and arrest the thief without a warrant.
It is important to note that the use of force during a citizen's arrest must be reasonable and proportional to the situation. For example, grabbing and holding onto someone to stop them from attacking another person would be considered reasonable force. However, those who make a citizen's arrest may still face possible lawsuits or criminal charges.
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Probable cause
A citizen's arrest is a lawful form of custody performed by a private citizen who is not a sworn law enforcement official. It dates back to medieval England, where sheriffs encouraged citizens to help apprehend lawbreakers. Today, in countries like the UK, a citizen's arrest is made when a member of the public apprehends a suspect and detains them until the police arrive to formally arrest them. This is usually done when a person is behaving violently or aggressively, causing a threat to themselves or others.
Now, coming to the main topic of discussion, probable cause is a crucial concept in the context of arrests and is specifically mentioned in the Fourth Amendment. It is the foundation of a lawful arrest and requires more than a mere suspicion but falls short of absolute certainty. Probable cause exists when there is a reasonable basis for believing that a crime has been committed or is about to be committed, and it is determined by a judge.
For example, if an officer pulls someone over for speeding and finds drug paraphernalia and illegal substances during a consented search, they would have probable cause to arrest. Similarly, in the case of a robbery, if the suspect's description and possessions match those of the robber, there is probable cause for an arrest.
In conclusion, probable cause is a critical component of the arrest process, providing a balance between suspicion and certainty. It ensures that arrests are justified and based on reasonable grounds, protecting individuals from arbitrary detention.
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Legal requirements
A citizen's arrest is a lawful form of custody performed by a private citizen who is not a sworn law enforcement official. It dates back to medieval England, where sheriffs encouraged citizens to help apprehend lawbreakers. The term "citizen's arrest" is often used to refer to an arrest made without a warrant.
In the UK, a citizen's arrest can be made when a member of the public suspects and apprehends an individual committing an indictable offence, such as assault, burglary, murder, manslaughter, terrorism, trafficking, rape, or criminal damage. The arrestee must be detained until the police arrive to formally arrest them. Legally, anyone can carry out a citizen's arrest, but specific guidelines must be followed to avoid legal repercussions.
For a citizen's arrest to be lawful, it must meet the following criteria:
- Reasonable Grounds: There must be reasonable grounds to believe that a felony or indictable offence has been, is being, or will imminently be committed by the person being arrested.
- Breach of Peace: In some jurisdictions, a citizen's arrest can be made in response to a breach of peace or the potential for one.
- Preventing Harm: A citizen's arrest is often permitted to prevent physical harm to oneself, others, or property.
- Use of Reasonable Force: Citizens are generally allowed to use reasonable force to detain the person being arrested. However, the definition of "reasonable force" varies depending on the circumstances and jurisdiction.
- No Requirement for Handcuffs: An individual is considered under arrest when they reasonably believe they are not free to leave. Handcuffs or physical restraint are not necessary to constitute an arrest.
- Informing of Custody: While officers are not legally required to read Miranda Rights at the time of arrest, they must inform the arrestee of the cause of their arrest as soon as reasonably practicable.
- Probable Cause: A police officer must have probable cause to arrest someone, which means they must be able to objectively justify the arrest based on reasonable suspicion.
- Witnessed Crime: If an officer witnesses a crime, they have the legal authority to arrest the perpetrator without a warrant.
- Arrest Warrant: An officer with an arrest warrant issued by a judge has the legal authority to take the named individual into custody.
It is important to note that specific regulations and procedures may vary depending on the jurisdiction, and citizens should refer to their local laws for clarification.
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Use of force
The use of force during a common-law arrest, also known as a citizen's arrest, is a controversial and challenging issue. Citizens conducting a citizen's arrest are generally allowed to use reasonable force to detain the person being arrested. However, it is crucial not to exceed what is considered 'reasonable'. Reasonableness is determined by what is deemed necessary under the individual circumstances. For example, grabbing and holding onto someone to stop them from attacking another person would be considered reasonable.
In the United States, the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures, provides the legal basis for the reasonableness standard. This standard requires that the force used by police officers during an arrest is proportional to the threat posed by the suspect. For instance, if a shoplifting suspect momentarily attempts to flee or offers minor resistance, the officer would not be justified in using a baton. However, the officer may be justified in grabbing the suspect's arm. On the other hand, if a suspect accused of a violent felony attempts to flee through a crowd, the presence of innocent bystanders and the severity of the crime would justify a higher level of force.
The U.S. Supreme Court has established that a police officer who has probable cause to believe a suspect poses a threat of serious harm to themselves or others may use deadly force to prevent escape. Lethal or deadly force refers to any use of force that creates a serious risk of death or serious bodily harm, such as shooting at a suspect, employing chokeholds, or using stun guns. However, deadly force should not be used solely to prevent the escape of a fleeing suspect unless there is an imminent danger of death or serious injury to the officer or others nearby.
In the United Kingdom, the law regarding the use of force in citizen's arrests is less clearly defined. While there is no specific definition of 'reasonable force', guidance from the Crown Prosecution Service suggests that acting based on honest beliefs about what is necessary at the time provides strong evidence of lawful conduct. Additionally, civilians have the common-law power to arrest using minimum force if necessary, considering what is reasonable under the circumstances.
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Citizen's arrest charges
A citizen's arrest is an arrest made by a private citizen—someone who is not a sworn law enforcement official. Citizens' arrests date back to medieval England, where sheriffs encouraged ordinary citizens to help apprehend lawbreakers.
In the UK, a citizen's arrest is made when a member of the public apprehends a suspect and detains them until the police arrive to formally arrest them. Legally, anyone can carry out a citizen's arrest, but there are guidelines to follow to avoid legal repercussions. For example, the use of reasonable force is permitted to detain the person being arrested, but excessive force can lead to civil and criminal charges.
In England and Wales, the power to perform a citizen's arrest comes from Section 24A(2) of the Police and Criminal Evidence Act 1984, which states that "any person" has these powers, regardless of their citizenship. However, anyone who makes a citizen's arrest can face possible lawsuits or criminal charges if the wrong person is apprehended or if the suspect's civil rights are violated. Charges may include false imprisonment, unlawful restraint, kidnapping, or wrongful arrest.
Other countries have similar laws regarding citizens' arrests. For example, in Brazil, a federal law allows any person to arrest a suspect found committing a crime or fleeing the scene, but they must verbally explain their actions to the arrestee and call the police. In Austria, citizens' arrests can be made under § 80 Abs 2 StPO (code of penal procedures), and the person making the arrest can hold the arrestee until they can be handed over to the proper legal authorities.
It is important to note that the laws and regulations regarding citizens' arrests vary across different jurisdictions, and there may be specific statutes or requirements in certain states or cities. As such, it is advisable to consult local authorities or legal professionals for specific information on citizens' arrest charges and procedures in a given area.
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Frequently asked questions
A citizen's arrest is an arrest made by a private citizen who is not a sworn law enforcement official. In common law jurisdictions, this practice dates back to medieval England, where sheriffs encouraged citizens to help apprehend lawbreakers.
A citizen's arrest can be made when a felony or breach of the peace has occurred or is about to occur. In the UK, a citizen can perform an arrest if they suspect someone of committing an indictable offence, such as assault, burglary, murder, manslaughter, terrorism, trafficking, rape, or criminal damage.
A lawful citizen's arrest requires reasonable grounds for suspicion. Citizens must also use reasonable force to detain the person being arrested. However, the definition of 'reasonable force' varies depending on the circumstances.
Anyone who makes a citizen's arrest may face lawsuits or criminal charges if they use excessive force or act without reasonable grounds. It is important to follow guidelines to avoid legal consequences.
