Citizen arrests can be an important tool for security guards when it comes to detaining individuals. But what is a citizen’s arrest, and when should security personnel use this authority?

In this article, we’ll clarify what a citizen’s arrest involves, explore its legality in the UK, and discuss when and how security guards should carry out an arrest. Additionally, we’ll highlight the best practices for ensuring a safe and effective citizen’s arrest.

What is a Citizen’s Arrest?

A citizen’s arrest happens when an ordinary person, not a law enforcement officer, detains someone suspected of committing a crime. This means that anyone has the ability to carry out a citizen’s arrest, regardless of whether they’re a shopper in a supermarket or a security guard.

Are Citizen’s Arrest Legal in the UK?

In the UK, citizen’s arrests are legal and are outlined in Section 24A of the Police and Criminal Evidence Act 1984. While officially referred to as “arrests without warrants,” they are more commonly known as citizen’s arrests.

Although permitted by law, attempting a citizen’s arrest can be risky, especially if the individual being detained is potentially dangerous. Therefore, it is always advisable to allow law enforcement professionals to handle arrests whenever possible to ensure safety and proper procedure.

Can the Public Make a Citizen’s Arrest?

Yes, the law allows anyone to make a citizen’s arrest under Section 24A of the Police and Criminal Evidence Act 1984 (PACE). It states that anyone can make a citizen’s arrest if they have reasonable grounds to believe a crime is being committed.

What Are the Grounds for a Citizen’s Arrest?

A citizen’s arrest may be considered by a member of the public or a security officer in certain situations. However, it should only be carried out if there are reasonable grounds to believe that a crime is taking place. Examples of such crimes include violent behaviour, theft, property damage, or unlawful entry, such as break-ins.

Citizen’s Arrest and Indictable Offences

In the UK, a citizen’s arrest is generally recommended only when the suspect is committing an indictable offence. Indictable offences are serious crimes that must be tried in the Crown Court, as specified in Section 51 of the Crime and Disorder Act 1988. Examples of such offences include:

• Murder
• Manslaughter
• Terrorism
• Human Trafficking
• Rape
• Criminal Damage Exceeding £5,000

Although it is legal to perform a citizen’s arrest for less serious crimes, such as shoplifting, these are classified as summary-only offences and are typically considered minor. As a result, citizen’s arrests for such offences are less encouraged.

From a retailer’s perspective, many companies have policies in place regarding how staff should handle shoplifters. Most businesses discourage employees from directly apprehending suspects, prioritising their health and safety. Instead, they often rely on preventative measures like retail security services and CCTV monitoring to deter theft and handle incidents more safely.

There is another case in which a member of the public may exercise their “power of arrest.” A citizen’s arrest may be carried out under the following circumstances:

• A breach of peace is occurring in the presence of the person making the arrest.
• The person making the arrest reasonably believes that a breach of the peace is about to happen imminently.
• A breach of the peace has already occurred, and there is a reasonable belief that further breaches are likely.

In these scenarios, it is essential to ensure the arrest is justified and supported by valid reasons. Making an arrest without sufficient cause can lead to serious legal repercussions, especially if the individual is later proven innocent. Consequences can include charges of unlawful arrest or false imprisonment.

Can a Security Guard Make a Citizen’s Arrest?

Yes, both mobile patrol and static security guards are permitted to carry out a citizen’s arrest. Security guards typically make such an arrest when they have reasonable grounds to believe someone is committing a crime and need to detain the individual until law enforcement arrives.

When Can You Make a Citizen’s Arrest?

Citizen’s arrests should always be a last resort. Security guards should consider making a citizen’s arrest only when they have reasonable grounds to believe a crime is being committed or when it is necessary to detain someone to prevent further illegal activity.

Making a Citizen’s Arrest in the UK

There are several key guidelines to follow when deciding whether a citizen’s arrest is necessary:

• If a police constable is not available to make the arrest.
• If the individual is causing physical harm to themselves or others.
• If they are damaging or causing loss to property.
• If they attempt to escape before a police constable can take control of the situation.

As outlined in the Police and Criminal Evidence Act 1984, these situations can be open to interpretation. In the heat of the moment, it can be difficult to determine whether the offence is indictable, as previously discussed.

When making a citizen’s arrest, you must clearly inform the person of what you are doing and why. While it may not be your primary focus at the time, it is a legal requirement. You should also specify the crime they are suspected of committing.

Since it can be challenging to know if you’ve made the right decision, the first step is ensuring that your suspicions are based on reasonable grounds. The following checklist can help guide you in making an informed decision about performing a citizen’s arrest:

Have You Noticed Suspicious Behaviour?

Did the individual take an item from a store and attempt to conceal it? Were they carrying something, like spray paint, that could be used to damage property?

Is There a Definite Possibility of the Crime Taking Place?

Did the individual leave the store without paying for the items? Has property or a person already been harmed, or is the damage happening right now?

Have You Watched Them Continuously Over the Course of This Time Period?

If you haven’t observed the entire incident, there’s a chance the items may have been returned, or someone else may have taken the spray paint from the original suspect. Without continuous monitoring, you may not have solid grounds for suspicion.

If you can meet the criteria outlined in the checklist, you can be more confident in your legal right to detain the person. When approaching someone you believe has committed a crime, it’s crucial to explain the situation clearly. Identify yourself, state the reason for the arrest, and give the individual the opportunity to prove their innocence – such as by allowing them to show their bag or receipts.

If a crime has been committed, contact the police and stay with the person until they arrive. While security measures like CCTV and store detectives help deter crime, security guards may still need to carry out a citizen’s arrest in some situations.

Can You Use Force in a Citizen’s Arrest?

Many people wonder if security guards are allowed to use force when making a citizen’s arrest. The answer is yes, but only reasonable force should be used to manage the situation. While what constitutes “reasonable force” can vary depending on the circumstances, it is crucial to avoid using excessive force, as this could lead to legal consequences, including prosecution.

Examples of reasonable force include:

• Defending yourself in an immediate threat or danger.
• Preventing an intruder from escaping, such as by physically restraining them.
• Restraining someone who is assaulting another person to stop further harm, until the police arrive.

However, once the individual is restrained, any further action, such as hitting them, would be considered excessive and unreasonable. This could result in assault charges.

When determining whether the force used is reasonable during a citizen’s arrest, two key questions should be asked: Was the force necessary? Was it proportionate to the situation? Section 76 of the Criminal Justice and Immigration Act 2008 outlines the use of reasonable force in self-defence, and these principles apply when making a citizen’s arrest as well.

Can You Make a Citizen’s Arrest if Someone is Trespassing?

In the UK, trespassing is not classified as a criminal offence. However, trespassing can be a key element in certain offences, as outlined in the Criminal Justice and Public Order Act 1994. Whether a citizen’s arrest is warranted in a trespassing situation depends on the individual’s actions and intent.

The best approach when dealing with a trespasser is to engage with them politely, ask why they are on the property, inform them that they are trespassing, and request that they leave. If they refuse to leave after multiple requests, reasonable force may be used to remove them from the premises.

A citizen’s arrest for trespassing may be justified if the trespasser is involved in more serious activity, such as carrying a weapon and threatening harm, or engaging in suspicious behaviour, such as planning a terrorist attack. In these cases, the nature of their actions could warrant immediate arrest.

How to Perform a Citizen’s Arrest

There are many situations where security guards or members of the public may need to make a citizen’s arrest. Here, we have outlined the essential steps involved in carrying out a citizen’s arrest in detail.

Step 1: Deciding Whether to Make a Citizen’s Arrest

A citizen’s arrest should only be made if you have directly witnessed a crime in progress. When the police arrive, you must be able to provide clear evidence or probable cause for the arrest. It is important not to make an arrest based on suspicion or the belief that a crime might happen.

Step 2: Make Sure You Can Safely Perform a Citizen’s Arrest

Performing a citizen’s arrest can be risky. The suspect may be armed or engaged in violent behaviour. You might need to physically restrain them, so it’s important to assess the situation carefully and ensure you can control it without using excessive force. If you fail to restrain the suspect properly, the situation could quickly escalate and become much more dangerous.

Take note of your surroundings, including the environment and people nearby. Is there a risk of harm to others during the arrest? Can you safely restrain the suspect without causing serious injury? Be aware of potential hazards, such as hard surfaces, which could lead to severe head injuries for the suspect, yourself, or bystanders.

Step 3: Explain Who You Are, What You’re Doing, and Why

It’s essential to clearly identify yourself, explain that you are making a citizen’s arrest, and outline the reason for doing so. This means informing the individual about the crime they are suspected of committing.

You should also walk the person through each step of the process. For example, explain that you are restraining them on suspicion of attempting to assault someone, assure them that you are not trying to harm them, and let them know you are calling the police to take over the situation.

Throughout the process, remain calm, polite, and respectful. This will help prevent the situation from escalating and ensure that your actions remain within legal boundaries.

Step 4: Restrain the Suspect With Reasonable Force

When performing a citizen’s arrest, you are only allowed to use reasonable force. Enough to take control of the situation without escalating it unnecessarily.

For instance, if you need to restrain a suspect on the ground while waiting for the police, reasonable force may be necessary if the suspect becomes violent or poses a threat. However, once the individual is restrained and the situation is under control, any further physical force, such as hitting them until they are unconscious, would be considered excessive and unreasonable. This type of action would not be justified, as the threat has been neutralised.

Step 5: Call the Police Immediately

Once the situation is under control, it’s crucial to contact the authorities immediately. If you’re restraining the suspect, ask a bystander to make the call for you. In some cases, the police may have already been contacted, and you may just need to hold the suspect until they arrive.

When the police arrive, you must provide them with details about the crime the suspect is suspected of committing, what you observed during the incident, and the steps you took during the arrest. Be prepared to give this information again later, as it may be needed for a formal statement or investigation.

Step 6: Be Prepared for Any Legal Consequences

In an ideal scenario, a citizen’s arrest would go smoothly, but in reality, these situations can quickly spiral out of control. There is a risk of the suspect being injured, or a more violent altercation breaking out, which could result in you facing charges for injury or assault.

Moreover, if you make an arrest and no crime has been committed, you could face serious legal consequences. It’s important to understand these risks before attempting a citizen’s arrest. This is why it is always recommended to leave arrests to law enforcement professionals, as they are trained to manage such situations safely and effectively.

So, What is a Citizen’s Arrest?

In conclusion, a citizen’s arrest should only be considered when a security guard needs to detain someone in a specific situation. However, it’s always recommended to leave these matters to law enforcement professionals, such as the police. Attempting to apprehend someone, especially in the case of violent crimes, can be highly dangerous.

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