Is it wise to make a citizen’s arrest?

If you see someone stealing your handbag, or in fact committing a crime, is it wise to make a citizen’s arrest?

Whilst a seemingly brave and noble thing to do, it is potentially very dangerous and also a bit of a legal minefield.

A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.

Source: Section 3(1) of the Criminal Law Act 1967

The person must have committed an offence that is ‘indictable’ - for example theft or criminal damage. If you arrest someone for a crime that does not fall under this category (essentially any crime that could be tried in a crown court) then the arrest may be unlawful. A person arrested unlawfully is entitled to use reasonable force to resist arrest and potentially sue for damages.

If someone other than a police officer arrests you, then they must either hand you over to one, take you to a police station or take you before a magistrate, all within a reasonable amount of time.

However tempting it may be to arrest someone who seems to be committing a crime, the most important thing is that you do not put yourself in any danger, police officers are trained to deal with criminals, you are not.

For more detailed information on the legalities of making a citizen’s arrest, please read this article - ‘What is a Citizen’s arrest?’