Civil Powers of Arrest

What is a citizen's arrest?

In England and Wales, ordinary members of the public do have the legal power to arrest someone in certain circumstances. This is sometimes called a citizen's arrest, though the law itself does not use that phrase. The relevant rules are set out in section 24A of the Police and Criminal Evidence Act 1984 (PACE), inserted by the Serious Organised Crime and Police Act 2005. PACE has been subject to various amendments over the years, so anyone relying on these powers should check the current legislation.

This power exists so that members of the public can act to prevent crime or stop someone escaping before police arrive. However, the circumstances in which you can lawfully make such an arrest are more limited than those available to police officers. Getting it wrong can leave you open to civil claims or even criminal charges, so it pays to understand the boundaries.

When can you lawfully arrest someone?

The law allows a person who is not a police officer to arrest someone without a warrant, but only in specific situations. You may arrest a person who is in the act of committing an indictable offence, or someone you have reasonable grounds to suspect is committing an indictable offence. You may also arrest someone who has committed an indictable offence, or someone you reasonably suspect of having committed such an offence where an offence has actually been committed.

Indictable offences are the more serious category of criminal offences. Many common offences, including theft, burglary, assault causing actual bodily harm, and robbery, can be tried on indictment. However, a significant number of these are "either way" offences, meaning they can be tried either in a magistrates' court or in the Crown Court depending on the circumstances. For example, while theft is generally capable of being tried on indictment, low value shoplifting cases are often dealt with summarily in magistrates' courts. Less serious offences, known as summary only offences, do not carry this power of arrest for members of the public.

There is also a separate common law power to arrest someone who is committing a breach of the peace, or where you reasonably believe a breach of the peace is about to occur. A breach of the peace requires a real and present threat of imminent harm, involving violence or the threat of violence against a person or, in their presence, against their property.

Beyond these basic conditions, the law adds further requirements. You can only make a lawful arrest if it appears to you that it is not reasonably feasible for a police officer to make the arrest instead. The arrest must also be necessary for one of the following reasons:

• To prevent the person causing physical injury to themselves or another person
• To prevent the person suffering physical injury
• To prevent the person causing loss of or damage to property
• To prevent the person making off before a police officer can take responsibility for them

If these conditions are not met, any arrest you attempt may be unlawful, regardless of whether the person was actually committing a crime.

Using force during an arrest

The law permits you to use reasonable force to carry out a lawful arrest. What counts as reasonable will depend entirely on the circumstances. Generally, you may use only as much force as is genuinely necessary to restrain the person or prevent them from escaping.

Excessive force can turn a lawful arrest into an unlawful one. If you use more force than the situation requires, you could face a claim for assault or battery, even if the person you arrested was guilty of an offence. Courts will look at what you knew or believed at the time, how the other person was behaving, and whether your response was proportionate.

In practice, grabbing someone's arm might be considered reasonable if they are attempting to flee, depending on the specific situation. Punching someone who poses no physical threat almost certainly would not be justified. If the person becomes violent, you may be entitled to defend yourself, but only to the extent needed to protect yourself and others.

Once you have made an arrest, you must hand the person over to the police as soon as reasonably feasible. You have no power to detain someone indefinitely or to take them somewhere other than a police station. Keeping someone longer than necessary, or moving them to a private location, could amount to false imprisonment.

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The risks involved

Arresting someone carries real risks, both physical and legal. Even if you are acting with good intentions, things can go wrong quickly.

If you arrest someone and it turns out that no offence was committed, or that the offence was not an indictable one, you may be liable for false imprisonment. The person could bring a civil claim against you for damages. In some cases, you might also face criminal charges if your actions caused injury or were considered unreasonable.

Physical danger is also a real concern. Attempting to restrain someone who does not want to be restrained can easily lead to a confrontation. The person may resist, fight back, or be carrying a weapon. You could be injured, or the situation could escalate unexpectedly.

It is generally safer to call 999 and wait for police assistance if that option is available. The police are trained and equipped to handle these situations. In most circumstances, stepping back and reporting what you have seen will be the more sensible approach.

Practical steps

If you find yourself in a situation where a citizen's arrest may be justified, consider the following.

Be confident that the offence you have witnessed is actually an indictable offence. If you are unsure, observe from a safe distance and call the police. Attempting to arrest someone for a minor or summary only offence will not be lawful. Remember that some offences which seem serious may be dealt with summarily depending on their value or other factors.

Assess whether physical restraint is necessary. If the person is not trying to escape or cause harm, there may be no need to restrain them. Asking them to wait for police, or observing their actions until officers are on the scene, may be sufficient.

If you do restrain someone, use the minimum force required. Avoid using weapons or improvised restraints unless absolutely necessary to protect yourself or others from serious harm. Everything you do will be scrutinised afterwards.

Call the police immediately. Explain what has happened and give your location. Stay on the line if possible, as the operator may provide guidance. Do not question the person about the offence or search them. Leave that to the police.

Make notes detailing the time, location, and sequence of events as soon as you can. This will help you give an accurate account to the police and may be useful if the matter goes to court.

Your safety should come first. If the situation feels too dangerous, or if there are multiple suspects, do not put yourself at risk. Gathering information and passing it to the police can be just as valuable as attempting an arrest yourself.

For further details on the law relating to arrest, you can visit the GOV.UK website or consult official guidance published by the Crown Prosecution Service. If you have been involved in an incident and are unsure of your legal position, speaking to a solicitor may help clarify matters.