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SurfCop
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All of thes answers are wrong.
Under the new SOCPA laws which came into effect on the 1st January 2006, a "citizen" can detain someone who has committed an indictable offence. Now, who here knows which offences are indictable or not. None I guess, so basically, if you think the person has committed an offence, or is committing an offence (which is serious enough for you to detain them as oppossed to being a good witness, like following them, and not putting yourself in danger), then you can detain them until the Police arrive.
Police powers = Is committing / has committed / maybe has committed / is about to commit an offence.
Public Powers = Is committing / has committed an offence. |
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rankbajun
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you tell them they are being arrested and that they must stay where they are until the police arrive. |
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Ollie
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I would not bother as its likely i would be the one to get arrested. |
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mike g
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you can detain a person until the police arrives, thats a citizens arrest |
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Outspoken
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In the USA, it's a stupid idea. The guy will probably mash your face in. Better to call 911. |
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Elana
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In Californian law a citizen may arrest someone with "reasonable" force if:
# A public offense was committed or attempted in the citizen's presence.
# The person arrested has committed a felony, although not in the citizen's
presence.
# A felony has been in fact committed and the citizen has reasonable
cause for believing the person arrested has committed it.
Note that was not the question asked - I don't know what British law
is, but the concept of a citizen's arrest is NOT myth. |
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lilly
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A citizen can arrest someone for an indictable or either-way offence as long as it would be impracticable for a police officer to do so instead.
(An either way offence is one that could either be tried by a magistrate or in a Crown Court, depending on seriousness; assault, for example.)
Practically, it's risky to make a citizen's arrest, because a citizen does not have the same training as a police officer, and is likelier to make a mistake, either in wrongly detaining someone or using too much force. Police officers can do these things too, of course, but they have institutional clout to back them up. A private citizen doesn't. Quite apart from the alleged criminal assaulting you, if it turns out s/he was innocent, or only guilty of a summary, non-arrestable offence, you could have a serious charge of unlawful arrest to face. Better to note as many details as you can, so as to be a good witness if you are needed, and then contact the police.
In addition, a private person can be given an arrest warrant by the British courts. |
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MissBehave
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You cannot hold somebody against their will. If a shop owner sees somebody shop lifting and locks the door. He is committing a crime, as the person hasnt left the shop with the goods and he is holding the person against his will. If he lets the person go and chases after them and grabs them he can be held for GBH. So I am afraid you cannot do that. |
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Felix
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If you have a cell phone it might make it easier, especially if you can take photos with it. Call the cops and make a request for immediate assistance, but beware - snitch! Someone will be sure to get back at you. |
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Violent and bored
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Would you seriously even bother.... you will probably get stabbed in the heart by some little upstart of a hoodie wearer.... and if you did manage to carry out one without getting killed, you would then be charged with hurting their arm or their wrist or violating their civil and human rights to do whatever they damn well please.... |
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maidenrocks
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A citizen's arrest is an arrest performed by a person acting as a civilian, as opposed to a sworn law enforcement officer. The practice dates back to medieval England and the English common law, when sheriffs encouraged ordinary citizens to help apprehend law breakers. |
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bob
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you can't it is a made up law, you cannot detain someone against their will, you have no powers of arrest. |
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rafferty
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you make a citizens arrest by holding the person in question. you inform them them that you are making a citizens arrest, then you do nothing else but call the police at once. |
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floxy
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Just arrest Mr. Citizen or whatever his name is |
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?
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Don,t --you will most probably get the worst end of it , the police are so restricted by the "politically correct brigade" they are chronically restricted in carrying out their duties , plus the fact the police are buried under mountains of paper work and threats of "being disciplined" - so where--- possible walk away |
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phillipgdmn
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theres acctually no such thing i think its acctually a myth. |
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izzieere
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Every citizen has a common law right to detain someone from committing a crime or fleeing a crime. Like the police, though, you are only allow to use the minimum force necessary to detain that person.
I am unsure as to whether the offence needs to be indictable or whether it can be any offence. An indictable offence is more serious and - until recently - even the police could arrest someone only for an indicable offence.
The police themselves do not have much in the way of extra powers over and above the citizen - hence why the Bow Street Runners were not an official government crew. |
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bokbok2
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From what I understand the only way you can do it is if an officer of the law is present and you proclaim a citizen arrest to him. He actually takes the person into custody and you have to fill out papers stating you want to press charges etc. |
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beau
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. |
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paddymac
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By kickin them in the Karacas i think?!
Jus dont try it on me!! |
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China9
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forget it just hire the ATeam if you can find them |
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foo_fighters_fan_2002
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its not a made up law you numptys! What the hell do security guards do if there no such thing as citizens arrest? Thats all they're doing. The police and ONLY THE POLICE have additional powers of arrest and detention above and beyond a normal persons. Security guards have no more powers of arrest than you or me. Basically you restrain the person and call the police. Thats it. They may try to argue false imprisonment, but htey wont have a leg to stand on as you could plea self defense (self defense you dont have to wait to be attacked, plus self defense covers defense of property, defense of other people, and prevention of crime) |
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onename
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you can arrest someone, not made up at all. just the way society is today no one wants to do this, as too risky to your health, never know what they are carrying or capable of.
tell the person why you are arresting them, use only reasonable force, then call the police.
if you were beat or hit the person u are arresting, it could be you who ends up in court. |
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englands.glory
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The only powers that you have are the same as those bestowed on any other member of the general public, in other words the private citizen's powers of arrest.
This power of arrest is bestowed under the Police and Criminal Evidence Act 1984. The Act is more commonly referred to as PACE.
Before discussing the actual sections of the Act it would be advisable to look at what it means to arrest somebody.
Arrest is the taking or restraining of a person from his or her liberty in order that he or she shall be forthcoming to answer an alleged crime or offence.
In more basic terms that means to stop somebody under suspicion of committing an offence.
More specifically under Section 24 sub-sections (4/5) of the Act it states
Any person may arrest without warrant:
a Anyone who is in the act of committing an arrestable offence; 24/4
b Anyone whom he/she has reasonable grounds for suspecting to be committing such an offence; 24/5
There are other acts which also confer powers of arrest and they are as follows:-
1 Vagrancy Act 1824
2 Criminal Law Act 1967
3 Theft Act 1968
Follow this Link For more detailed information:-
http://intranet.bpc.ac.uk/courses/Main/BMSI/Mps/sito/LAWPAGE1.HTM |
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