Citizens Arrest

OisinT wrote: »

This is literally the dumbest thread I have seen in a while.

Careful, somone might make a virtual citizen's arrest...............:pac:

Nodin wrote: »

Its an english mans idea.
http://www.arrestblair.org/

Ah, this puts an interesting spin on things...

This site offers a reward to people attempting a peaceful citizen’s arrest of the former British prime minister, Tony Blair, for crimes against peace. Anyone attempting an arrest which meets the rules laid down here will be entitled to one quarter of the money collected at the time of his or her application.

I wonder how much money they have in the pot, and if she intends to collect it?

EDIT - According to the site, two people who previously attempted this collected £2,619.67 and £2,801.98 respectively.

Bonito wrote: »

I thought it's only allowed here if the crime committed holds a potential prison stretch if the person is found guilty?

The greatest term here is "in potentia". Effectively everything holds a potential prison stretch.

Citizen's Arrest come into play for something that carries 5+ years ( i believe ) and Shoplifting can carry up to 10.

Logical Fallacy wrote: »

Actually, this is incorrect.

Once someone has left the last point of possible purchase (that is to say, the premises ), they may be approached and asked to return to the shop. You can tell them you suspect them of shoplifting as defined under the Criminal Justice Act 2001 (under which shoplifting is punishable by up to 10 years), neatly invoking the right to Citizens Arrest.

"An arrest other than by a member of the Garda Síochána may be effected by a person under subsection (3) only where the person, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda Síochána."

I'm not a lawyer and have no formal legal training but a company I worked for as a retail manager ended up settling out of court with a thief who had shop lifted and was then restrained by store security after refusing to come back in etc.

Here's where the grey area comes in which we were informed meant we couldn't make a citizens arrest without having it blow up in our faces. Section 4 which you have quoted states the potential prison term for theft as being 10 years but this is theft as in general stealing another persons goods similar to robbing a car etc. Section 8 of the act deals with making off without payment and the max term for this is two years which brings it under the felony level of 5 years.

8.—(1) Subject to subsection (2), a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.


(7) A person guilty of an offence under this section is liable on conviction on indictment to a fine not exceeding £3,000 or imprisonment for a term not exceeding 2 years or both.

Interestingly enough this section actually states that any person could make the arrest etc but elsewhere the law apparently states that citizens arrests can only be made for offences which carry a potential prison term of over 5 years. Ths guys lawyer basically came after our company and the security company contracted by us for false imprisonment and the legal advice given was the company had indeed committed an offence.

A good few years ago there was a power cut in the local Tesco's, it was a quinnsworth at the time.

They pulled down the shutters and would not let anyone leave till the power came back on. :eek:

If it happned now they would be paying a serious amount of compensation

oppenheimer1 wrote: »

There is always one bollocks who will post a Let me google that for you link.

indeed there is but theres also a worse one that bothers complaining about it

Id love to see her approach Saddam (when alive) and maybe the head of the Taliban who authorised the numerous execution of women and men aswell Amongst other. They No why BANG. :rolleyes:

meathstevie wrote: »

The term citizen arrest for starters is wrong, civilian arrest would be the correct term. The term citizen arrest implies that the person making the arrest has to be an Irish national; citizen of Ireland. The law clearly states "a person" which is not linked to nationality.

As a rule you'd be looking at offences that can be tried in a jury court or the special criminal court, district court stuff like no motortax or littering doesn't come into it.

It's a colloquialism more than anything really. There is the common law power of arrest and the power under Section 4 CLA 1997:

(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.
(2) Subject to subsections (4) and (5), where an arrestable offence has been committed, any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be guilty of the offence.
(3) Where a member of the Garda Síochána, with reasonable cause, suspects that an arrestable offence has been committed, he or she may arrest without warrant anyone whom the member, with reasonable cause, suspects to be guilty of the offence.
(4) An arrest other than by a member of the Garda Síochána may only be effected by a person under subsection (1) or (2) where he or she, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda Síochána.
(5) A person who is arrested pursuant to this section by a person other than a member of the Garda Síochána shall be transferred into the custody of the Garda Síochána as soon as practicable.
(6) This section shall not affect the operation of any enactment restricting the institution of proceedings for an offence or prejudice any power of arrest conferred by law apart from this section.