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Making a Citizen's arrest

  • 14-08-2009 11:59PM
    #1
    karlog
    Closed Accounts Posts: 1,563 ✭✭✭


    Ok what does the law say about making citizen arrests..

    For e.g you see a shop being robbed, you run after the criminal, catch him, tie him to a lamp post and wait for the guards to arrive. Is that pretty much an example of what a citizens arrest is. [Note: This never happened]

    However what about not being allowed to take the law into your own hands? Like a vigilante so to speak. Anyone??:confused:


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    be careful about this. USA idea. With use of mobiles safer to phone in details to Garda.

    Risks

    1. being physically attacked by the person you are trying to arrest, or his/her accomplices ( viz Garda seriously stabbed recently )

    2. Being sued for wrongful imprisonment.


  • #3
    McCrack
    Registered Users, Registered Users 2 Posts: 3,004 ✭✭✭McCrack


    Basically anybody can arrest (detain) a person they see committing an arrestable offence, (eg. theft, assault, robbery, kidnapping, criminal damage) Reasonable force can only be used. What is reasonable depends on the facts of the situation.

    Once arrested they have to be handed over to the custody of the Garda as soon as possible.


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Look at section 4 of the Criminal Law Act 1997
    http://www.irishstatutebook.ie/1997/en/act/pub/0014/sec0004.html#zza14y1997s4

    Particularly note that a member of an garda siochana merely only has to reasonably believe an offence has been committed and reasonably believe the person they are arresting has committed that offence.

    For a member of the public, the suspect must be in the act of committing the offence, or an offence has to have been committed and the member of the public must reasonably believe they are guilty of that offence.

    So for example, a shop security guard who wrongfully detains someone leaving a shop can be sued for battery and false imprisonment. They may reasonably have thought the person leaving was guilty of theft, but if no theft was committed, the reasonableness of their belief is irrelevant.

    An arrestable offence is one that carries more then 5 years, and includes theft, robbery, burglary, robbery, criminal damage, murder, manslaughter, assault causing harm (i.e. most of the serious offences).

    There is also a power of arrest for members of the public under section 8(3) of the Criminal Justice (Fraud and Theft) Offences that many people are not aware of. It's for the offence of making off without payment, the reason it's there is the offence of making off without payment only carries two years and is not an arrestable offence under the 1997 act.


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