Rohan Jaitley: Central Gov't Standing Counsel for Justice
CITIZENS ARREST (Wikipedia)
1. FROM: http://en.wikipedia.org/wiki/Citizen%27s_arrest
In accordance with Federal Laws provided For Educational and Information Purposes – i.e. of PUBLIC Interest
Citizen's arrest
From Wikipedia, the free encyclopedia
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from independent authors and third-party publications. Please add citations from reliable sources. (March 2011)
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official.[1] In
common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which
sheriffs encouraged ordinary citizens to help apprehend law breakers.
Despite the practice's name, in most countries, the arresting person is usually designated as a person with arrest
powers, who need not be a citizen of the jurisdiction or country in which he or she is acting. For example, in
England/Wales, the power comes from Section 24a Police and Criminal Evidence Act 1984, called 'any person
arrest'. This legislation states 'any person' has these powers, and does not state that they need to be a citizen of
England/Wales.
Contents
[hide]
1 Legal and political aspect
2 Laws by country
o 2.1 Australia
2.1.1 Victoria
2.1.2 New South Wales
2.1.3 Queensland
2.1.4 South Australia
2.1.5 Tasmania
2.1.6 Western Australia
2.1.7 The Territories
o 2.2 Brazil
o 2.3 Canada
o 2.4 Finland
o 2.5 France
o 2.6 Germany
o 2.7 Hong Kong
o 2.8 Hungary
o 2.9 India
o 2.10 Ireland
o 2.11 Israel
o 2.12 Malaysia
o 2.13 Mexico
o 2.14 New Zealand
o 2.15 Pakistan
o 2.16 Portugal
2. o 2.17 Sweden
o 2.18 United Kingdom
2.18.1 England and Wales
2.18.1.1 Other powers
2.18.2 Northern Ireland
2.18.3 Scotland
o 2.19 United States
3 See also
4 References
5 External links
[edit] Legal and political aspect
A person who makes a citizen's arrest could risk exposing him or herself to possible lawsuits or criminal charges
(such as charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest) if the wrong person
is apprehended or a suspect's civil rights are violated.[citation needed] This is especially so when police forces are
attempting to determine who an aggressor is.
The level of responsibility that a person performing a citizen's arrest may bear depends on the jurisdiction. For
instance, in France and Germany, a person stopping a criminal from committing a crime, including crimes against
belongings, is not criminally responsible as long as the means employed are in proportion to the threat (note,
however, that at least in Germany, this results from a different legal norm, "aid to others in immediate danger,"
which is concerned with prevention, not prosecution, of crimes).
[edit] Laws by country
[edit] Australia
The power to arrest is granted by both federal and state legislation, however the exact power granted differs
depending on jurisdiction. The power to arrest for a Federal offence is granted by s.3Z of the Crimes Act 1914.[2]
Under the Act, a person who is not a police constable may, without warrant, arrest another person if they believe
on reasonable grounds that:
the other person is committing or has just committed an indictable offence; and
proceedings by summons against the other person would not: ensure the appearance of the person before a court in
respect of the offence; prevent a repetition or continuation of the offence or the commission of another offence;
prevent the concealment, loss or destruction of evidence relating to the offence; prevent harassment of, or
interference with, a person who may be required to give evidence in proceedings in respect of the offence; prevent
the fabrication of evidence in respect of the offence; or would not preserve the safety or welfare of the person.
A person who arrests another person must, as soon as practicable after the arrest, arrange for the other person, and
any property found on the other person, to be delivered into the custody of a constable.
[edit] Victoria
In the Australian state of Victoria, the power to arrest is granted in section 458 of the Crimes Act 1958 (Vic).[3] It
states that a person may, without a warrant, arrest a person that they find committing an offence for one or more of
the following reasons:
to ensure the appearance of the offender in court, and/or
to preserve public order, and/or
to prevent the continuation or repetition of the offence, or the commission of a further offence, and/or
3. for the safety or welfare of the public or the offender
A person may also arrest another person if they are instructed to do so by a member of the police force, or if they
believe on reasonable grounds that they are escaping legal custody.
Section 461 states that if an arrest is made under 458 of the Crimes Act, and is later proven to be false, then the
arrest itself won't be considered unlawful if it was done so on reasonable grounds. Section 462A allows any person
the right to use force ‘not disproportionate to the objective as he believes on reasonable grounds to be necessary to
prevent the commission, continuance or completion of an indictable offence or to effect or assist in effecting the
lawful arrest of a person committing or suspected of committing any offence’.
[edit] New South Wales
In the Australian state of New South Wales, the power to arrest is granted by s.100 of the Law Enforcement
(Powers and Responsibilities) Act 2002.[4] Under the Act, a person may, without a warrant, arrest another person if:
the person is in the act of committing an offence under any Act or statutory instrument, or
the person has just committed any such offence, or
the person has committed a serious indictable offence for which the person has not been tried.
Section 231 of the Act allows for the use of such force as is reasonably necessary to make the arrest or to prevent
the escape of the person after arrest. A person who arrests another person under s.100 must, as soon as is
reasonably practicable, take the person, and any property found on the person, before a magistrate to be dealt with
according to law. The magistrate will also decide whether or not the force applied in making the arrest was
reasonable in the circumstances.
According to the Law Society of New South Wales, the arresting person should:
inform the person that they are under arrest and
inform the person of the reasons for the arrest [5]
[edit] Queensland
In the Australian state of Queensland, the power to arrest is granted by s.546 of Schedule 1 to the Criminal Code
Act 1899.[6] Under the Act, any person who finds another committing an offence may, without warrant, arrest the
other person. The power to arrest in Queensland also allows for arrest on suspicion of an offence:
If the offence has been actually committed--it is lawful for any person who believes on reasonable ground that
another person has committed the offence to arrest that person without warrant, whether that other person has
committed the offence or not.
s.260 of the Act also provides a power to arrest in preventing a breach of the unorthodox peace:
It is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of
it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger
to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to
join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give the person
into the custody of a police officer.
[edit] South Australia
The Criminal Law Consolidation Act 1935 (s271) [7] grants arrest powers to a person.
4. "s271(3) A person is liable to arrest and detention under this section if the person is in the act of committing, or has
just committed an indictable offence; or theft (whether the theft is a summary or indictable offence); or an offence
against the person (whether the offence is summary or indictable); or an offence involving interference with,
damage to or destruction of property (whether the offence is summary or indictable). "
[edit] Tasmania
Under the Police Offences Act 1935 (Tasmania), section 55(3), any person may arrest any other person whom they
find committing an offence, where they have reasonable grounds to believe that the conduct will create or may
involve substantial injury to another person, serious danger of such injury, loss of property or serious injury to
property. Section 55(5) states ‘For the purposes of this section, a person is said to be “found offending” if he does
any act, or makes any omission, or conducts or behaves himself, and thereby causes a person who finds him
reasonable grounds for believing that he has, in respect of such act, omission, or conduct, committed an offence
against this Act.’ There are further provisions in section 301 of the Criminal Code Act 1924 (Tas) that appear to
allow a sliding scale of force in executing an arrest.
[edit] Western Australia
It was only in 2004 that the Western Australian parliament repealed the quaint provisions of the former section 47
of the Police Act 1892 which allowed any person to arrest without a warrant ‘any reputed common prostitute, thief,
loose, idle or disorderly person, who, within view of such person apprehending, shall offend against this Act, and
shall forthwith deliver him to any constable or police officer of the place where he shall have been apprehended, to
be taken and conveyed before a Justice, to be dealt with according to law …’ A private citizen would have found it
rather difficult to interpret the terms ‘loose’ or ‘idle’ with any degree of legal certainty. WA now locates its
citizen’s arrest powers in section 25 of the Criminal Investigation Act (WA) 2006.
[edit] The Territories
Northern Territory: Under section 441(2) of the Criminal Code of the Northern Territory, any person can arrest
another whom he or she finds committing an offence or behaving such that he or she believes on reasonable
grounds that the offender has committed an offence and that an arrest is necessary for a range of specified reasons.
Australian Capital Territory: refer to the Crimes Act 1900 (ACT), section 218, which permits a citizen’s arrest.
Generally speaking we can safely conclude as follows regarding the law in Australia: where it is clear on the
evidence that a private citizen, or security officer, in detaining a suspect, acted reasonably and the suspect
unreasonably, then it is likely that the court will find in favour of the citizen or security officer and against the
suspect if that suspect chooses, later, to sue the citizen for assault or false imprisonment. In other circumstances
where, say, a property owner (or an agent) arrests a thief in a manner, and in circumstances, disproportionate to the
likely harm to the victim, and in clear defiance of the rights of the suspect (for example, to be taken forthwith to a
police station), then the court is very likely to find in favour of the suspect (guilty or otherwise). The courts may
order compensation for such suspects in appropriate circumstances. {speedydelete}
[edit] Brazil
A Federal law allows any person to arrest a suspect criminal found in flagrante delicto or fleeing from the crime
scene. The person has to, at his/her own judgment, have the physical power to keep the suspect detained, has to
verbally explain what he/she is doing to the arrestee and has to call the police. Both have to wait for the arrival of
the police. The person who makes a citizen's arrest has to sign the police forms as a witness and explain the facts.
Typically it will lead to a time burden of at least two hours. If the facts cannot be verified the person who realizes
the citizen's arrest might be sued by the arrestee.
[edit] Canada
5. Section 494. (Criminal Code)[8]
(1) ARREST WITHOUT WARRANT BY ANY PERSON
Anyone may arrest without warrant(s)
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person
(2) ARREST BY OWNER, ETC., OF PROPERTY
Anyone who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that
property.
(3) DELIVERY TO PEACE OFFICER
Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a
peace officer.
This section may require cleanup to meet Wikipedia's quality standards. (Consider using more specific cleanup
instructions.) Please help improve this section if you can. The talk page may contain suggestions. (July 2009)
-Section 494, sub. 1, (a) is the "General Power of Arrest" for non-peace officers.
- Section 494, sub. 1, (b) is known as the "Assist Power of Arrest" and includes assisting another citizen who
witnessed a "Criminal Offence" and, therefore, "... is escaping from and freshly pursued by persons who have
lawful authority to arrest that person ...". This section of the Criminal Code of Canada IS that authorization.
- Section 494, sub. 2, is the "Owner/Agent" power of arrest. It applies to both security and all other staff (or
friends/neighbours if it is a dwelling) of any given property (The reason companies tell their staff they can't make
such an arrest is because if the person making the arrest is hurt/killed by the criminal, the company becomes liable
for the injury or death. Further, most people are neither equipped or trained to make proper arrests, which greatly
increases the likelihood of injury or death to the citizen).
- in Section 494, sub. 2, (b) "...a person whom he finds committing a criminal offence on or in relation to that
property." includes criminal offences that are not on that property at all. If someone steals from a store, the security
personnel who pursue the thief can leave the property to continue the pursuit. When the pursuit is broken off, the
thief is no longer considered to be "freshly pursued" and therefore others are no longer permitted to assist in the
apprehension of the criminal (it, then, becomes a matter for the Police to handle). Note that 494(1)(a) allows for
arrest related only to indictable offences, while 494(2) allows for arrest for any offence against the laws of
Canada,[9] most notably small value theft.
6. [edit] Finland
Coercive Measures Act 30.4.1987/450 gives a right to apprehend someone in the act of committing a crime (in
flagrante delicto) or fleeing from the crime scene, if punishment for the crime might be imprisonment or the crime
is mild assault, pilferage, mild treachery, mild unapproved use, mild annexation of motor vehicle, mild mischief or
mild forgery. A person wanted by the police (arrest warrant) can be apprehended by anyone. After the
apprehension, the police must be contacted as soon as possible. If the criminal is resisting or tries to escape, the
law gives a citizen the right to use an amount of force considered necessary, when considering the nature of the
crime, the behavior of the apprehended and the situation as a whole.
[edit] France
Allows any person to arrest a person having been caught in flagrante delicto committing a crime punishable by a
jail or prison term, and to conduct that person before the nearest officer of judiciary police – in modern practice,
one would rather call the police in after performing the arrest. [10]
[edit] Germany
Citizen's arrests can be made under §127 StPO (code of penal procedures) if the arrestee is caught in flagrante
delicto and either the identity of the person cannot be otherwise established immediately or he/she is suspected to
try to flee.[11] The person making the arrest is allowed to hold the arrestee solely for the purpose of turning him
over to a proper legal authority such as the police. German law does not establish that the crime has to be serious,
nor that the person making the arrest has to actually be a citizen of Germany.
[edit] Hong Kong
Known as the '101 power' in Hong Kong. Under Hong Kong Laws. Chap 221 Criminal Procedure Ordinance,
Section 101 Summary apprehension of offender in certain cases, subsection 2 "Any person may arrest without
warrant any person whom he may reasonably suspect of being guilty of an arrestable offence." Once an
arrest is made, the suspect must be delivered to a police office as soon as possible for court proceedings.
"Arrestable offence" is defined as any crimes that can be sentenced for more than 12 months of jail time. [12]
[edit] Hungary
According to article 127, section 3 of Act XIX. of 1998 concerning Penal Procedure, anyone may arrest a person
caught committing a felony, but is obliged to hand the person over to the "investigative authorities" immediately; if
this is not possible, the police must be informed.
[edit] India
According to section 43, of the Code of Criminal Procedure, 1973 "Any private person may arrest or cause to be
arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed
offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a
police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the
nearest police station."
[edit] Ireland
Any person can arrest someone who they have reasonable cause is in the act of committing or has committed an
"arrestable" offence, that is one punishable by more than 5 years in prison. [13] The arrest can only be effected if the
arrestor has reasonable cause that the person will attempt to avoid apprehension by Gardaí and the arrestor delivers
the person to Garda custody as soon as is practicable.
7. [edit] Israel
This section does not cite any references or sources. Please help improve this section by adding citations to
reliable sources. Unsourced material may be challenged and removed. (June 2011)
A law allowing anyone to arrest a suspect who they witnessed carrying out a felony was repealed in 1996 and a
new law now allows the detention of a suspect by another person under certain conditions. Section 75 of the
Criminal Procedure Law (Enforcement Powers - Arrest) of 1996 allows anyone to detain a person who is
witnessed carrying out certain suspected crimes. The crimes include the following: a felony, theft, a crime of
violence and a crime which has caused serious damage to property. A person using these detention powers may use
reasonable force if their request is not met as long as they do not cause the suspect bruising. They must hand the
suspect over to the police immediately and no later than three hours. Persons whose identity is known or who are
not suspected of fleeing may not be detained. The law, which is relatively new, is used by both private individuals
and private security but is problematic because it has not yet been interpreted by the courts. A magistrate's court in
Jerusalem has in early 2009 handed down a verdict convicting two private security officers of assault following a
detention of a suspect who assaulted one of them. The court reached a conclusion that the guards were not allowed
to detain the suspect who was seated in a taxi at the time and should have waited for the police to arrive.
[edit] Malaysia
Section 27(1) of the Criminal Procedure Code allows for a private person to arrest a person who, in his view, has
committed a seizable offence or a non-bailable offence:[14]
Any private person may arrest any person who, in his view, commits a non-bailable and seizable offence or who
has been proclaimed under section 44 and shall without unnecessary delay hand over the person so arrested to the
nearest police officer or, in the absence of a police officer, take that person to the nearest police station.
Sub-section 5 further allows the arrest of a person who commits an offence on or with respect to the property of
another by any person who is using the property to which the injury is done, or by the servant of either of those
persons or by any person authorized by or acting in aid of either of those persons: [15]
Any person who commits an offence on or with respect to the property of another may if his name and address are
unknown be apprehended by the person injured or by any person who is using the property to which the injury is
done, or by the servant of either of those persons or by any person authorized by or acting in aid of either of those
persons, and may be detained until he gives his name and address and satisfies such person that the name and
address so given are correct or until he can be delivered into the custody of a police officer.
A "seizable offence" is defined as an offence in which a police officer may ordinarily arrest without warrant as per
defined by the Code.[16]
[edit] Mexico
Article 16 of the 1917 Constitution of Mexico allows any person to arrest a criminal found in flagrante delicto.[17]
[edit] New Zealand
Some legal protection exists to those making a citizen's arrest as provided in the Crimes Act 1961 in that there may
be justification or protection from criminal responsibility. Justification of the arrest ensures the arresting person is
not guilty of an offence and are not liable to any civil proceeding. Protection from criminal responsibility means
those who make the arrest are not liable to any criminal proceedings. They are however liable for civil
proceedings. The legislation is carefully worded and only applies for offences covered in the Crimes Act 1961, not
other offences such as those covered in the Summary Offences Act 1981.[18]
8. Specifically, the Crimes Act 1961 states that everyone (not just New Zealand citizens) is justified in arresting
without warrant:[19]
Any person found committing any offence against this Act which the maximum punishment is not less than 3 years'
imprisonment; or
Any person found at night (9pm till 6am) committing any offence against this Act.
Other situations where members of the public are protected from criminal responsibility when involved in arresting
where:
They have been asked by a police officer to help arrest any person believed or suspected to have committed any
offence unless they know that there is no reasonable ground for the belief or suspicion. [18][20]
They witness a breach of the peace, and therefore are justified in interfering to prevent its continuance or renewal,
and may detain any person committing it, in order to hand them over to a Police Officer provided that the person
interfering does not use more force than is reasonably necessary for preventing the continuance or renewal of the
breach of the peace, or than is reasonably proportionate to the danger to be apprehended from its continuance or
renewal.[21] Similar legislation applies to suppressions of riots by members of the public. [22]
They believe, on reasonable and probable grounds, someone has committed an offence against the Crimes Act 1961
and is fleeing and is being pursued by any one they believe can arrest that person for the offence (such as a police
officer). This applies whether or not the offence has in fact been committed, and whether or not the arrested person
committed it.[23]
In all cases a person making a citizens arrest must hand over the suspect to a police officer at the earliest possible
time.
[edit] Pakistan
Section 59 of the Criminal Procedure Code authorizes a private person to arrest any one he reasonably suspects of
committing a non-bailable offence.
[edit] Portugal
According to the Portuguese Code of Criminal Procedure (article 255), any person may arrest someone in the act
of committing a crime or fleeing from the crime scene if the crime they were committing is punishable with a
prison term of any length. The arrested person must be handed over to the police immediately after it is possible to
do so.
[edit] Sweden
Any person may arrest someone in the act of committing a crime or fleeing from the crime scene if the crime he or
she was committing is punishable with a prison term of any length. A person wanted by the police, for whom there
is an arrest warrant, can be arrested by anyone at any time. After the arrest, the police must be contacted as soon as
possible.
[edit] United Kingdom
[edit] England and Wales
A citizen's arrest is permitted to be made on any person under section 24A of the Police and Criminal Evidence
Act 1984 for an indictable offence, including either way offences (in this section referred to simply as "an
offence"), but excluding certain specific ones listed below. It is thus permissible for any person to arrest:
9. Anyone who is in the act of committing an offence, or whom the arrestor has reasonable grounds for suspecting to be
in the act of committing an offence, or
Where an offence has been committed, anyone who is guilty of that offence or whom the arrestor has reasonable
grounds for suspecting to be guilty of it
In order for the arrest to be lawful, the following two conditions must also be satisfied:
It appears to the person making the arrest that it is not reasonably practicable for a constable to make the arrest
instead
The arrestor has reasonable grounds for believing that the arrest is necessary to prevent one of the following:
o The person causing physical injury to himself or others
o The person suffering physical injury
o The person causing loss of or damage to property
o The person absconding before a constable can assume responsibility for him
Use of the second power above is rather risky, since it relies upon the person carrying out the arrest knowing that
an offence has been committed, of which in itself needs to be indictable or either way offence. The Act therefore
gives a constable additional powers under section 24 to arrest the following:
Anyone who is (without doubt) about to commit an offence, or whom the constable has reasonable grounds for
suspecting to be about to commit an offence
Anyone whom the constable has reasonable grounds for suspecting to be guilty of an offence which is merely
suspected to have taken place
N.B. 'Any person' powers can be used to arrest before an offence occurs as long as the offence in question falls
within the Criminal Attempts Act 1981. This act creates the offence of an attempted offence, as long as the offence
being attempted is an indictable one. For this to apply, the offence must actually be in the process of being
attempted - preparatory steps are not sufficient. For example, putting gloves on to smash a car window would not
suffice, but the throwing of a brick at the window would.
A constable's arrest power is not limited to indictable offences, and conditions different from the above apply.
However, a citizen's arrest cannot be made:
inside a polling station, on a person who commits or is suspected of committing an offence of personation under
article 30 of the National Assembly for Wales (Representation of the People) Order 2007,[24]
inside a polling station, on a person who commits or is suspected of committing an offence of personation under
section 60 of the Representation of the People Act 1983[25]
in relation to an offence of stirring up racial hatred under Part 3 or stirring up religious hatred under Part 3A of the
Public Order Act 1986.[26]
In addition to the above, a private person may be authorised to execute an arrest warrant, if the court issuing the
warrant has given them the authority to do so.
[edit] Other powers
A person may arrest an individual/individuals to prevent an occurring, repeated or a breach of the peace about to
occur. This offence definition and power of arrest are contained under the common law definition of 'breach of the
peace'.
Until 2006, there was an 'any person' power of arrest under part of the Theft Act 1968 in England and Wales that
related to poaching,[27] which was used by private water bailiffs (as opposed to Environment Agency bailiffs). This
ceased to have effect as a result of a general repeal of such arrest powers by the Serious Organised Crime and
Police Act 2005.[28] An officer or agent of certain companies may seize and detain any person who has committed
10. an offence against the provisions of the Companies Clauses Consolidation Act 1845 whose name and residence
shall be but unknown to such officer or agent, and take them before a justice of the peace, who "shall proceed with
all convenient dispatch to the hearing and determining of the complaint against such offender". [29]
Under the Standing Orders of the House of Commons of the United Kingdom, the Serjeant at Arms has the power
to take into custody anyone who is in a Members-only area of the House, or who misconducts themselves, or who
fails to leave when the House sits in private. [30]
[edit] Northern Ireland
Similar provisions apply to Northern Ireland as to England and Wales, implemented through the Police and
Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341)[31] as amended by the Police and Criminal
Evidence (Amendment) (Northern Ireland) Order (SI 2007/288).[32]
[edit] Scotland
While no statutory provision for citizen's arrest exists in Scots Law, there is a common law position that anyone
committing an offence can be arrested using minimum force if necessary with consideration to what is reasonable
in the relevant circumstances. The offence must be a serious one and not merely for a breach of the peace. The
person exercising the power must have witnessed the offence occurring therefore they cannot act upon information
from another person. An arrest is applicable reliant on situation.[33][34]
[edit] United States
Each state, with the exception of North Carolina, permits citizen arrests if the commission of a felony is witnessed
by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. The
application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not
witnessed by the arresting party. For example, Arizona law allows a citizen's arrest if the arrestor has personally
witnessed the offense occurring.[35]
American citizens do not carry the authority or enjoy the legal protections held by police officers, and are held to
the principle of strict liability before the courts of civil- and criminal law including, but not limited to, any
infringement of another's rights. [36] Nonetheless many citizens' arrests are popular news stories. [37]
Though North Carolina General Statutes have no provision for citizens' arrests, detention by private persons is
permitted and applies to both private citizens and police officers outside their jurisdiction.[38] Detention is
permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another
person, or theft or destruction of property. [39] Detention is different from an arrest in that in a detention the detainee
may not be transported without consent.
[edit] See also
R. v. Asante-Mensah
Shopkeeper's privilege
Individuals with powers of arrest
[edit] References
1. ^ Hudson v. Commonwealth of Virginia.
2. ^ Commonwealth Crimes Act 1914.
3. ^ Crimes Act 1958 of Victoria.
4. ^ Law Enforcement (Powers and Responsibilities) Act 2002 of New South Wales.
11. 5. ^ Law Society of New South Wales - Under arrest?.
6. ^ Criminal Code Act 1898 of Queensland.
7. ^ Sth Aust Criminal Law Consolidation Act 1935 Section 271
8. ^ Criminal Code 494.
9. ^ Criminal Code of Canada.
10. ^ Code of penal procedure (France), Article 73.
11. ^ §127 StPO (code of penal procedures) (Germany).
12. ^ Criminal Procedure Ordinance (Hong Kong), Chapter 212, Section 101.
13. ^ Criminal Law Act 1997 (Ireland), Section 4.
14. ^ Criminal Procedure Code (Act 593) § 27(2).
15. ^ Criminal Procedure Code (Act 593) § 27(5).
16. ^ Criminal Procedure Code (Act 593) § 2(1).
17. ^ Constitution of Mexico, Article 16.
18. ^ a b "Citizen's Arrest and Self-defence" (PDF). Neighbourhood Support New Zealand. Retrieved 2010-10-08.
19. ^ Crimes Act 1961, Section 35 & 36.
20. ^ Crimes Act 1961, Section 34.
21. ^ Crimes Act 1961, Section 42.
22. ^ Crimes Act 1961, Section 43.
23. ^ Crimes Act 1961, Section 38.
24. ^ "The National Assembly for Wales (Representation of the People) Order 2007 (No. 236) - Statute Law Database".
Statutelaw.gov.uk. Retrieved 2010-04-24.
25. ^ "Electoral Administration Act 2006 (c. 22) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2010-04-24.
26. ^ "Police and Criminal Evidence Act 1984 (c. 60) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2010-04-
24.
27. ^ Paragraph 2(4) of Schedule 1 to the Theft Act 1968
28. ^ Paragraph 38 of Schedule 7 to the Serious Organised Crime and Police Act 2005; commenced by article 2(m) of
the Serious Organised Crime and Police Act 2005 (Commencement No. 4 and Transitory Provision) Order 2005
29. ^ "Companies Clauses Consolidation Act 1845 (c.16) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2010-
04-24.
30. ^ Standing Order 161 of the House of Commons
31. ^ http://www.opsi.gov.uk/si/si1989/uksi_19891341_en_1
32. ^ "The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 No. 288 (NI. 2)". Opsi.gov.uk.
2007-02-07. Retrieved 2010-04-24.
33. ^ House of Commons - Armed Forces - Minutes of Evidence.
34. ^ Citizen's Arrest (Hansard, 18 October 1995).
35. ^ Arizona Revised Statutes Title 13 Section 3884
36. ^ [1] Columbia Law Review, Vol. 65, No. 3 (Mar., 1965), pp. 502-513.
37. ^ "High School Cheerleader Tackles Thief". Koco. July 28, 2010. Retrieved Oct 12, 2011.
38. ^ GS_15A-404.
39. ^ North Carolina General Statutes - Legal Commentary - April 1997.
[edit] External links
Australian Federal Police fact sheet on Citizen's Arrest
wikiHow How to make a Citizen's Arrest