Let's go to work

In the UK, any member of the public has the power to make an arrest (under section 24 of the Police and Criminal Evidence Act 1984). In reality, collaring someone bang to rights isn't always going to persuade a criminal to come quietly, but you are still entitled to give it a go under the following circumstances:

• If you witness a crime of any kind taking place - from a bag snatch to an art heist. Should you witness someone in the act of breaking the law, you are entitled to intervene.
• If you know someone is guilty of a crime - your housemate admits that he buried the landlord under the patio. He has a wild look in his eye, and there's blood all over his hands. Nick him. 

You can't make an arrest simply because you suspect someone is guilty of a crime, or about to commit an arrestable offence - however dodgy they may look. It doesn't matter how good your intentions are, if it turns out there was no crime, it could be you who ends up on the wrong side of the law. If the event happens in a public place, you could be sued for defamation.

If you've made an arrest, make sure the offender knows why. He must then be taken before a Magistrate or a police station, otherwise the arrest won't stand up in court. In practise, make sure you alert a police officer at the earliest opportunity. Later, you'll be required to make a full statement, and possibly also appear as a witness in court. So make sure you stay true to the facts.

Be careful out there!

Your right to make a citizen's arrest is not as important as your need to stay safe. If you think that collaring a criminal is going to put you in any kind of danger, back off and call the cops instead. Should you choose to make a citizen's arrest, be aware that you are only allowed to use reasonable force to do so, which could be determined in a court of law. Put simply, it means you can't steam in with your fists if the offender offers no resistance, and nor should you overdo it when apprehending someone for a trivial offence. If you do, you could lay yourself open to a charge of assault.

Should you make a citizen's arrest, and the offender disputes the circumstances, you may need legal representation. Visit CLS Direct for more info.

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