private investigator

sonyair

Hi folks,

Just a quick question,
Im doing a law course and just thought someone could clear this up for me,

Does a PI have the power of arrest-I don't think so but I would like someone to confirm this, if anyone has a link to the section in the law books it would be much appreciated,
thanks

Victor

They have the same power of arrest as any ordinary citizen.

Tom Young

Technically yes, but you'd want to be sure what you were at!

One of our Mods gave this answer which I found using the forum search feature.

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 Act 2001 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.

sonyair

thank you very much

Lab_Mouse

@Tom,

so can a person only carry out a citizens arrest if the crime carries a 5 year sentence?sorry if it comes across as being a dumbass question

And at the OP sorry for taking the thread off topic:D

Tom Young

The link in the quote about brings us to the relevant section and taking the Act literally, then the answer is yes. That is with statutory protection. Effecting an arrest in other circumstances may well be fine at common law. Of course detailing someone unlawfully, where no crime has been committed may result in a civil action for trespass to the person and/or assault and battery.

Please note that this does not mean people should go about taking the law into their own hands! Which seems to be a feature of Irish life and certain psyches' at the moment. For example: Banks and Bankers!

Lab_Mouse

Tom Young wrote: »

where no crime has been committed may result in a civil action for trespass to the person and/or assault and battery.

Please note that this does not mean people should go about taking the law into their own hands! Which seems to be a feature of Irish life and certain psyches' at the moment.

Dont worry not going to wander around temple bar grabbing people for pee'ing against the wall!:D

Tom Young

Lab_Mouse wrote: »

Dont worry not going to wander around temple bar grabbing people for pee'ing against the wall!:D

Another reason for not doing that is you might get wet! Wait till they've finished then rub their noses in it. It would save the administrative delay and you'd being doing your country a cost saving favour!

unattendedbag

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.

Ok so hypothetically a shop seurity gaurd stops a person for allegedly walking out of a supermarket without paying for some groceries. If the accused gets found not guilty in court then are they entitled to sue the security gaurd for wrongful arrest since the theft was not proved? Why are there not hundreds of cases for wrongful arrest brought against security staff every week?

Tom Young

unattendedbag wrote: »

Ok so hypothetically a shop seurity gaurd stops a person for allegedly walking out of a supermarket without paying for some groceries. If the accused gets found not guilty in court then are they entitled to sue the security gaurd for wrongful arrest since the theft was not proved? Why are there not hundreds of cases for wrongful arrest brought against security staff every week?

There are a few here and there. The causes of action vary, usually defamation (formerly slander), trepass to the person and false imprisonment. A lot of people accept that a mistake may have been made and are wholly reasonable. Others sue and the cases usually settle out of Court. See McCormack v Adrian Olsthoorn per Hardiman J. high price for a tap on the shoulder. Slander is defeated by qualified privilege but not in all instances!

MagicSean

unattendedbag wrote: »

Ok so hypothetically a shop seurity gaurd stops a person for allegedly walking out of a supermarket without paying for some groceries. If the accused gets found not guilty in court then are they entitled to sue the security gaurd for wrongful arrest since the theft was not proved? Why are there not hundreds of cases for wrongful arrest brought against security staff every week?

Well the law suit against security would be in civil court where there is less proof required to show they were thieving.

In any case if there was a theft and the security guard just grabbed the wrong person they would be covered under the act.

Victor

k_mac wrote: »

In any case if there was a theft and the security guard just grabbed the wrong person they would be covered under the act.

O RLY?