# Who can make a citizens arrest?



## Laramie (12 Jun 2013)

Can anyone make a citizens arrest? Are there procedures for making a citizens arrest? Can a citizens arrest be made on a suspicion of something illegal?


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## STEINER (12 Jun 2013)

I have no legal background.  I understand from reading about it before, that a citizen can make a citizen's arrest in very defined circumstances, namely where a breach of the peace has occurred or is likely to occur.  Other than that, I know nought about it.  I'd love to exercise that right with one or two though......


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## demoivre (12 Jun 2013)

[broken link removed] Section 4 is what you are after.


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## Laramie (12 Jun 2013)

Thanks for that link. I see that this is a subsection of that. 

_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_.

If this transfer does not take place what is the legal situation then?  Could the person making the citizens arrest be accused of holding a person against their will?


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## Jim2007 (12 Jun 2013)

Laramie said:


> If this transfer does not take place what is the legal situation then?  Could the person making the citizens arrest be accused of holding a person against their will?



There are extremely few occasions when all the conditions are met to undertake a citizens arrest, in all other occasions you can expect to be prosecuted!  In most cases the person making the arrest will not be aware of it: you catch someone in your house, a security guard stops someone shop lifting, you prevent someone leaving the scene of an accident and so on. But fraud, corruption etc... you report to the Garda - it is their realm .


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## WizardDr (13 Jun 2013)

Section 4 above refers to an 'arrestable offence' and this means that the maximum sanction must be five years or more in jail. Therefore the dog fouling neighbour should not be arrested - but most crimes have tariffs that are high at the maximum level.


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## Laramie (14 Jun 2013)

WizardDr said:


> Section 4 above refers to an 'arrestable offence' and this means that the maximum sanction must be five years or more in jail. Therefore the dog fouling neighbour should not be arrested - but most crimes have tariffs that are high at the maximum level.



This suggests to me that there might be a lot of people making a citizens arrest who might not be entitled to make a citizens arrest. If a person falsely makes a citizens arrest are there consequences for them?


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## Vanessa (16 Jun 2013)

Laramie said:


> This suggests to me that there might be a lot of people making a citizens arrest who might not be entitled to make a citizens arrest. If a person falsely makes a citizens arrest are there consequences for them?


 
Any such case could be the subject of a civil action by the arrested person against the person doing the arrest. The courts would have to decide were there reasonable grounds for the arrest. This is very tricky ground and I would be very slow to initiate a citizens arrest.


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## Odea (17 Jun 2013)

Jim2007 said:


> In most cases the person making the arrest will not be aware of it:  a security guard stops someone shop lifting,


 
I would have thought that a security guard in a shop would know the ins and outs of making a citizens arrest. Stopping someone outside a shop for alleged shoplifting and making a citizens arrest suggests that they are misusing this law. Can someone get 5 years or more in jail for a shoplifting offence?


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## Jim2007 (17 Jun 2013)

The point being that it happens on the spur of the moment, it is not some thing you spend several days discussing before you go out and do it...


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## IsleOfMan (18 Jun 2013)

Jim2007 said:


> The point being that it happens on the spur of the moment, it is not some thing you spend several days discussing before you go out and do it...



But if you make a citizens arrest then surely you must follow through with the proper procedures or else you end up detaining someone against their will? What if a terrified child was "arrested" by a citizen?


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## WizardDr (24 Jun 2013)

An arrestable offence - one carrying a MAXIMUM tariff over 5 years brings a lot within its reach such as most of the theft and fraud offences. As regards children - under 12 would be an issue as to 'criminal capability' but over that age the arresting would still be valid with reference to maximum.


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