Security Guard powers and Citizens Arrest

axer

Hi Guys,

Just curious about this.

So you can do a citizen's arrest on someone who has committed an arrestable offence that has a term of 5 years of more in prison.

Shop lifter leaves the store, or a attempts to with stolen items e.g. something cheap like a pack of condoms. The security guard stops the shop lifter and tries to detain him/her. The shoplifter refuses and leaves anyway using force if necessary to free themselves.

My understanding is technically the security guard has no rights to stop the shoplifter as such and can pretty much only ask the shoplifter to go with him/her but if the shoplifter refuses then they can just leave.

On top of that, if for instance the shoplifter takes what they have stolen, gets caught by the security guard and throws it back into the shop and then leaves - has the security guard definitely no power? and I would assume they could not really take an action against the shoplifter either afterwards.

Is that correct? or can a shop lifter be detained under citizen's arrest?

TheInquisitor

axer wrote: »

Hi Guys,

Just curious about this.

So you can do a citizen's arrest on someone who has committed an arrestable offence that has a term of 5 years of more in prison.

Shop lifter leaves the store, or a attempts to with stolen items e.g. something cheap like a pack of condoms. The security guard stops the shop lifter and tries to detain him/her. The shoplifter refuses and leaves anyway using force if necessary to free themselves.

My understanding is technically the security guard has no rights to stop the shoplifter as such and can pretty much only ask the shoplifter to go with him/her but if the shoplifter refuses then they can just leave.

On top of that, if for instance the shoplifter takes what they have stolen, gets caught by the security guard and throws it back into the shop and then leaves - has the security guard definitely no power? and I would assume they could not really take an action against the shoplifter either afterwards.

Is that correct? or can a shop lifter be detained under citizen's arrest?

I'm not sure if you can detain them, easier when you just shoot them between the eyes, the scum! Of course they can detain them. Thats like saying i robbed a million dollars from a bank but gave it back because i was caught so really i didn't do anything!! Lock um up and throw away the key

jhegarty

You can technically get 10 years for theft.

Never going to happen in the case above , but it would still make it an arrestable offence.

Croc

It is an arrestable offence

Criminal Justice (Theft and Fraud Offences) Act, 2001
4.—(1) Subject to section 5 , a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.

Penalty
4. -(6) A person guilty of theft is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both. (Same Act)


Criminal Law Act, 1997
4.—(1) Subject to subsections (4) and (5), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an arrestable offence.

Theft is theft no matter what the value

axer

Croc wrote: »

It is an arrestable offence

Criminal Justice (Theft and Fraud Offences) Act, 2001
4.—(1) Subject to section 5 , a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.

Penalty
4. -(6) A person guilty of theft is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both. (Same Act)


Criminal Law Act, 1997
4.—(1) Subject to subsections (4) and (5), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an arrestable offence.

Theft is theft no matter what the value

So is there a minimum crime i.e. is the 5 years thing true?

McCrack

Yep 5 years minimum to come within definition of arrestable offence

nuac

Suggest people should be careful about exercising "citizens arrest". It is a U.S. idea. Even if there is a statutory power of arrest it must be exercised in accordance with that statute and in accordance with law.

Wrongful or illegal citizen's arrest would leave the arrestor open to a damages claim.

happyhappy

axer wrote: »

Hi Guys,

Just curious about this.

So you can do a citizen's arrest on someone who has committed an arrestable offence that has a term of 5 years of more in prison.

Shop lifter leaves the store, or a attempts to with stolen items e.g. something cheap like a pack of condoms. The security guard stops the shop lifter and tries to detain him/her. The shoplifter refuses and leaves anyway using force if necessary to free themselves.

My understanding is technically the security guard has no rights to stop the shoplifter as such and can pretty much only ask the shoplifter to go with him/her but if the shoplifter refuses then they can just leave.

On top of that, if for instance the shoplifter takes what they have stolen, gets caught by the security guard and throws it back into the shop and then leaves - has the security guard definitely no power? and I would assume they could not really take an action against the shoplifter either afterwards.

Is that correct? or can a shop lifter be detained under citizen's arrest?

in all your examples the security guard can 'arrest' the shoplifter, once he /she is handed over to a member of an garda siochana asap. the value of the goods is irrelevant, it is still the same offence.

Our man in Havana

They must hand them over to AGS asap. They can't take them into a back room and start an interrogation pending the arrival of AGS.

Johnny Utah

TheInquisitor wrote: »

I'm not sure if you can detain them, easier when you just shoot them between the eyes, the scum! Of course they can detain them. Thats like saying i robbed a million dollars from a bank but gave it back because i was caught so really i didn't do anything!! Lock um up and throw away the key

:eek::eek::eek:

Note: Don't rob this guy's shop! :eek:

Trojan911

axer wrote: »

On top of that, if for instance the shoplifter takes what they have stolen, gets caught by the security guard and throws it back into the shop and then leaves - has the security guard definitely no power? and I would assume they could not really take an action against the shoplifter either afterwards.

Is that correct? or can a shop lifter be detained under citizen's arrest?

You are confusing the issue here. You say "throws it back into the shop" then you say "then leaves". Which is it, has the perp left the shop or not?

If the thief has left the shop and throws it back inside when confronted then it is still theft as the act is complete (if all criteria of the Theft Act has been met).